Employee Contract


This Agreement made on  Between Company and Employee (hereinafter the Agreement)

BETWEEN: Elite Results Marketing Group Inc. (hereinafter the “Company”),

AND:    (hereinafter the “employee”),

FOR GOOD CONSIDERATION, and in consideration of employment with Company, Employee hereby agrees to and acknowledges the following terms and conditions.

 

Part 1.
Non Disclosure

 

ARTICLE I
CONFIDENTIAL INFORMATION

1.1 Employee hereby acknowledges that in the course of their mutual business relationship Company may make certain information available to Employee, including all business data such as pricing data, customer databases, customer lists, marketing information, technical or design information, performance and production standards, trade secrets, copyrighted materials, patents and inventions and any and all other confidential information (hereinafter the Confidential Information).

1.2 This Confidential Information is acknowledged by Employee to have inherent value, both economic and otherwise, and that disclosure thereof could result in economic losses to Company or economic gains to others who could potentially profit by disclosure.

1.3 The Employee hereby agrees to hold confidential and make reasonable efforts to maintain secrecy and confidentiality of all Confidential Information that may pass to Employee from Company during the period governed by this Agreement. Employee shall additionally make no disclosure of the terms of this Agreement or of the Agreement itself.

1.4 Employee is prohibited from making copies or duplicates of any Confidential Information, except as essential for the fulfillment of Employees duties to Company. Employee is prohibited from removing any Confidential Information, related documents or proprietary property or information without the written authorization of Company. If requested by Company, Employee will immediately return all Confidential Information, related documents and proprietary property or information.

1.5 If it should be necessary for Employee to disclose Confidential Information to third parties in the course of its business relationship with Company, the third parties must be properly instructed that the disclosed information is confidential in nature, and that all proper steps to insure confidentiality by all parties is taken.

1.6 Employee further agrees, after the termination of this Agreement, not to make use of any Confidential Information to solicit current or future Customers of Company.

 

ARTICLE II
PROPRIETARY INFORMATION

2.1 For the purpose of this Agreement Proprietary Information includes, but is not limited to, any data, information, written records, including documents, drawings, records, digital materials such as software, computer programs, firmware, marketing materials such as logos, promotional systems or ideas, advertising, customer lists, pricing information, and trade secrets such as formulas, production methods, products, test, concepts, as well as the internal finances, business practices, research, marketing, planned research development, and organization of the Company or its affiliates.

2.2 All Proprietary Information, made, discussed, written, learned, secured or obtained by the Employee during their work for the Company shall remain the exclusive and sole property of the Company. The Employee therefore waives all interest, title and right of every type and of all kind whatsoever to any Proprietary Information learned or otherwise obtained by the Employee during the term of the business relations.

2.3 Employee agrees to comply with all reasonable rules established by Company for the protection of Proprietary Information. Furthermore, if Employee refuses to perform these acts, Employee irrevocably assigns the President and Vice President(s) of the Company to act as agents of the Employee for all necessary acts to maintain or obtain relevant copyrights, patents, and related rights to any Proprietary Information assigned by Employee to Company under this Agreement. The grant of the foregoing assignment shall survive the disability or death of the Employee.

2.4 Employee fully agrees to promptly disclose to Company, all Proprietary Information created, conceived or reduced to practice in writing during the term of this Agreement. (In addition, Employee agrees to disclose to Company all patent copyright or similar right filed by the Employee one year after the termination of this Agreement if it can be reasonably presumed that such a filing was related to Proprietary Information created by the Employee during their businesses relationship with Company under the terms of this Agreement.)

2.5 The Employee exercises no rights or privileges with work rendered under the duration of employment of the company.

2.6 This agreement shall be governed by and construed in accordance with the laws of the Province of British Colombia and the federal laws of Canada applicable therein.

This agreement constitutes the entire understanding and agreement of and between the parties with respect to the subject matter hereof and supersedes all prior representations and agreements; and there are no conditions to this agreement which are not expressed herein. Any modification to this agreement shall only be valid if in writing and signed by both parties.

 

 

Part 2.
Non-Compete and Non-Solicitation Agreement

This is an Agreement between [ (“Employee”) and [Elite Results Marketing Group] (“Company”).  The Agreement is effective on .

 

In consideration of the employment opportunity provided by Elite Results Marketing Group, You, intending to be legally bound, agree to the following:

 

  1. Term of Agreement. This Agreement is effective on , and shall remain in effect throughout the term of your employment with the Company and for a period of one year thereafter.
  2. Limitations of this Agreement. This Agreement is not a contract of employment. Neither You nor the Company are obligated to any specific term of employment.  This Agreement is limited to the subject matter of covenants not to compete or solicit as described in this Agreement.
  3. Covenant Not to Compete. You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company. 

For a period of Thirty (30) days immediately following the termination of your employment, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity which competes with the Company within 50 miles of the facility in which you were employed.

  1. Non-solicitation. During the term of your employment, and for a period of one (1) year immediately thereafter, You agree not to solicit any employee or independent contractor of the Company on behalf of any other business enterprise, nor shall you induce any employee or independent contractor associated with the Company to terminate or breach an employment, contractual or other relationship with the Company.
  2. Soliciting Customers After Termination of Agreement. For a period of Five (5) years following the termination of your employment and your relationship with the Company, You shall not, directly or indirectly, disclose to any person, firm or corporation the names or addresses of any of the customers or clients of the Company or any other information pertaining to them.   Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company.
  3. Injunctive Relief. You hereby acknowledge (1) that the Company will suffer irreparable harm if You breach your obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate the Company for such a breach.  Therefore, if You breach any of such provisions, then the Company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
  4. Severable Provisions. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.
  5. Modifications. This Agreement may be modified only by a writing executed by both "employee" and the "Company".
  6. Prior Understandings. This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement.   The Agreement supersedes all prior understanding, agreements, or representations. 
  7. Waiver. Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.  No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver.  A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.
  8. Jurisdiction and Venue. This Agreement is to be construed pursuant to the laws of British Columia.  You agree to submit to the jurisdiction and venue of any court of competent jurisdiction in British Columbia, without regard to conflict of laws provisions, for any claim arising out of this Agreement.

 

Part 3.
Awknowledgements

  1. I "Employee" hereby awknoldge to the the best of my ability the following:
    1. (Criminal record check may be requested and required before employment starts) 

 

Contact Information

Name:   

Phone: 

Mailing Address:
               

 

Emergency Contact Information

Name:   

Phone: 

 

By your signature below you acknowledge that you have read and understand the foregoing Agreement, that you agree to 

Leave this empty:

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Signed by James Findlay
Signed On: December 23, 2018


Signature Certificate
Document name: Employee Contract
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Timestamp Audit
November 7, 2018 7:57 pm PDTEmployee Contract Uploaded by James Findlay - agreements@elitermg.com IP 70.69.237.15