This Non-Compete Agreement (this "Agreement") is made effective as of January 01, 2019, by and between Global Presence Enterprises, LLC, of 8362 Pines Blvd. #116, Pembroke Pines, Florida 33024, and Independent Contractor, of _________________, _________________, _________________ _________________.
Independent Contractor will be contracted on a project that is highly sensitive to the operations and growth of Global Presence Enterprises, LLC.
1. NON-COMPETE COVENANT. During employment/contracting and for a period of 1 year. after the separation of employment/contracting for any reason, Independent Contractor will not directly or indirectly engage in any business with the following competitor(s):
- Businesses that have contracted Global Presence Enterprises, LLC for marketing, software, or digital services.
The non-competing party will not be allowed to disclose online, door to door, or print marketing strategies or engage in marketing services.
Directly or indirectly engaging in any competitive business includes, but is not limited to: (i) engaging in business as an owner, partner, or agent, (ii) becoming an employee of any third party that is engaged in such business, (iii) becoming interested directly or indirectly in any such business, or (iv) soliciting any customer of Global Presence Enterprises, LLC for the benefit of a third party that is engaged in such business. Independent Contractor agrees that this non-compete agreement will not adversely affect an Independent Contractor's livelihood.
2. NON-SOLICITATION COVENANT. For a period of 1 year. after the effective date of this Agreement, Independent Contractor will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to, any customer or client of Global Presence Enterprises, LLC, nor shall Independent Contractor use Global Presence Enterprises, LLC's existing client's demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity. Further, for a period of 1 year. after the effective date of this Agreement, Independent Contractor will not directly or indirectly solicit, induce or attempt to induce any employee of Global Presence Enterprises, LLC to terminate his or her employment/contracting with Global Presence Enterprises, LLC.
3. CONDITION OF employment/contracting. In consideration of the commitments and obligations made by Independent Contractor, Independent Contractor, and Global Presence Enterprises, LLC agree that the execution of this agreement is a condition of the employment/contracting of Independent Contractor by Global Presence Enterprises, LLC.
4. CONFIDENTIALITY. Independent Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Independent Contractor, or divulge, disclose, or communicate in any manner any information that is proprietary to Global Presence Enterprises, LLC. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Independent Contractor will protect such information and treat it as strictly confidential. The obligation of an Independent Contractor not to disclose confidential information shall continue for a period of 1 year. after the effective date of this Agreement. Within 14 days. after receiving a written request, an Independent Contractor will return to Global Presence Enterprises, LLC all records, notes, documentation and other items that were used, created, or controlled by Independent Contractor.
5. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written.
6. SEVERABILITY. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
7. INJUNCTION. It is agreed that if Independent Contractor violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Global Presence Enterprises, LLC. Therefore, Global Presence Enterprises, LLC will be entitled to seek injunctive relief (i.e., a court order that requires an Independent Contractor to comply with this Agreement) to enforce the terms of this Agreement. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.
8. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Florida.
9. CONFLICT RESOLUTION. In the event of a dispute between the parties, the parties hereby also agree that the prevailing party shall be entitled to reasonable attorney fees and costs incurred as a result of the dispute.
10. SIGNATORIES. This Agreement shall be signed by Independent Contractor Digital and by Jack Hakimian, Owner, on behalf of Global Presence Enterprises, LLC. This Agreement is effective as of the date first above written.