This Non-Compete and Non-Disclosure Agreement is entered by and between name signed below (hereinafter “Agent”) and Feel Good Networking and Promotions, LLC (hereinafter “Principal”) in Clark County, Nevada.
1. Non-Compete. Agent agrees that during the association between Agent and Principal, and after the termination of the association between Agent and Principal Agent shall not compete with Principal.
a. Competition. Competition means: (a) engaging in the businesses and marketing practices of the Principal and the Principal’s subsidiary and sibling entities through any person or entity other than Principal, (b) active solicitation of Principal’s clients, sellers, buyers, vendors, whole-salers, and other persons and entities doing business with Principal and (c) acceptance of any offer to do business from any client, seller, vendor, whole-saler, or other person or entity doing business with Principal.
b. Time. Agent agrees that the Non-Compete provisions of this Agreement shall be valid and effective during Agent’s association with Principal and for a period of twelve (12) months from the termination of association between Agent and Principal.
c.Geography. Agent agrees that the Non-Compete provision shall be valid and effective within the confines of Clark County, Nevada as well as all other counties within which Principal operates.
2. Necessary to Protect Goodwill and Business. Principal requires Agent agree to the restriction on competition to protect Principal’s business and good will, including reputation in the community. Agent agrees that the restrictions set forth in the Non-Compete provisions of this are reasonable and necessary to protect Employer’s business and good will, including reputation in the community.
3. Trade Secrets and other Confidential Information. As a necessary aspect of Agent’s association with Principal, Agent shall receive access to confidential, non-public information constituting trade secrets pursuant to NRS 600A.030(5). Such information is commercially valuable and not generally known or readily ascertainable in the industry and shall include but is not limited to the identity of vendors and whole-salers, pricing formula, pricing structures, funding sources, and marketing resources.
4. Non-Disclosure. At all times during Agent’s association with Principal, Agent agrees not to disclose or use Principal’s trade secrets for the benefit of any person or entity other than Principal and agrees to exercise reasonable care to maintain the confidentiality of Principal’s trade secrets. At all times after Agent’s association with Principal has ended, Agent agrees not to use Principal’s trade secrets for their own benefit, agrees not to disclose Principal’s trade secrets to any other person or entity, and agrees to exercise reasonable care to maintain the confidentiality of Principal’s trade secrets.
5. Injunctive Relief. Agent acknowledges that any violation of this Agreement by Agent would cause immediate and irreparable injury to Principal which cannot be remedied by a financial compensation alone. In the event Agent competes with Principal in violation of the Non-Compete provisions or uses or discloses trade secrets in violation of the Non-Disclosure provisions, Principal shall be entitled to an immediate and permanent injunction against such competition, use, and/or disclosure. The availability of injunctive relief shall not be construed to affect Principal’s right to recover damages for breach of this Agreement.
6. Consideration. Agent’s agreement to the terms in this Agreement are a necessary precondition to association with Principal. Agent and Principal agree that this agreement is supported by sufficient consideration.
7. Attorneys’ Fees and Costs. In the event of any claim or lawsuit to enforce this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs from the non-prevailing party.
8. Miscellaneous. This Agreement may be modified only in writing signed by Agent and Principal. If any provision of this Agreement is found to be unenforceable by a Court of Law, the remainder of the Agreement shall remain in full effect. Jurisdiction and venue for any lawsuit shall be in Clark County, Nevada.
This Agreement shall go into effect upon the signatures from Agent and Principal. Our signatures below indicate acceptance of all terms contained in this Agreement.