Pro/Field Staff Contract
TRADE SECRETS AND CONFIDENTIAL INFORMATION.
During Contractor’s engagement with the Companies, Contractor will have access to and become familiar with various trade secrets and confidential information. For purposes of this Agreement, “Confidential Information” shall be defined as any uniquely proprietary information including but not limited to any financial and/or sales information, any information regarding existing products and/or new product development, and any information regarding any direct or non-direct Fourth Arrow/Final Rest/Wyndscent customers or business prospects. Contractor acknowledges that such confidential information and trade secrets are owned and shall continue to be owned solely by Fourth Arrow/Final Rest/Wyndscent. During the term of Contractor’s engagement and after such engagement terminates, Contractor agrees not to use such information for any purpose whatsoever or to divulge such information to any person or company.
NON-COMPETITION. Contractor agrees to all of the following:
1. For a period of twenty-four (24) months after Contractor’s engagement has been terminated by either Contractor or the Companies for any reason, with or without cause, Contractor will not directly or indirectly compete with Companies in any part of the Business with respect to the areas of the US that they do or could do business.
2. Act on their own behalf or as an agent, stockholder, member, partner, consultant, employee, lender or advisor, engage in; or form, own, join, control, finance, or participate in the ownership or management of any person or entity engaged in any type of business that is wholly or partially in competition with the Business.
3. Solicit, raid, entice or induce any person who presently is, or at any time during the term of this Agreement shall be an employee or contractor of Companies to become employed or engaged by Contractor or any other person, firm or corporation in any business which is in any manner in competition with the Business.
4. Will not solicit, hire, entice, aid, or cooperate with others in soliciting, hiring, enticing or aiding, any employee or contractor of Companies to leave or terminate any of Companies’ employment or engagement.
5. Will not disparage the businesses, services, products, stockholders, officers, directors, members or other personnel of Companies, or interfere in any way with the Business.
6. The parties have attempted to limit Contractor’s right to compete only to the extent necessary to protect Companies from unfair competition. The parties recognize, however, that reasonable people may differ in making such a determination. Therefore, the parties agree that, in the event that any part of the covenants set forth in this Agreement shall be held to be invalid or unenforceable, the remaining parts thereof shall nevertheless continue to be valid and enforceable.
Each party agrees that its violation of this Agreement will cause irreparable harm to the other party. If the other party brings legal action to prevent that party from violating this Agreement, then that party agrees that it will consent to the entry of a court order enjoining violation of the Agreement. The equitable relief permitted by this Section 4 shall not prejudice the other party’s rights to other legal remedies. That party also agrees to pay all reasonable costs and attorney’s fees of the other party in the event that the other party prevails in a legal proceeding brought to enforce the terms of this Agreement. This Agreement, together with any writings incorporated by reference constitutes the entire agreement between the parties with respect to the subject matter of this Agreement.
By executing this Agreement, each party is objecting to any inconsistent or additional terms of any kind, whether oral, in writing or in electronic format. No modification or waiver of any provision of this Agreement shall be binding on either party unless made in writing and signed by an authorized officer of that party. If any portion of any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, this Agreement will continue in full force and effect as if this Agreement had been executed and delivered with the invalid portion eliminated. This Agreement may be executed in one or more counterparts for the convenience of the parties, all of which together shall constitute one and the same Agreement.
CODE OF CONDUCT.
Fourth Arrow/Final Rest/Wyndscent expects its contractors to conduct themselves with the highest
level of integrity.
1. Obey the law – Nothing in the media shall depict contractors disobeying laws or ordinances.
2. Obscenities – Nothing in the media shall convey visual or audible obscenities.
3. Safety – Nothing in the media shall demonstrate operating in a harmful or unsafe manner.
4. Professionalism – All contractors agree to conduct themselves in a professional manner when representing Fourth Arrow/Final Rest/Wyndscent. This includes but is not limited to participation at any shows or events on behalf of Fourth Arrow/Final Rest/Wyndscent, and any postings made on any social media venues.
1. Contractors are required to make an original Facebook post regarding Fourth Arrow/Final
Rest/Wyndscent and/or its products a minimum of 24 times per year.
2. Contractors must share a minimum of 1 post per week from either Fourth Arrow/Final
Rest/Wyndscent Facebook page or another team member’s page.
3. Contractors must participate in all “share the post” contests posted on the Fourth Arrow/Final
Rest/ Wyndscent Facebook pages.
REQUIREMENTS & BENEFITS.
1. Contractors are required to purchase an initial commitment buy in for each brand the contractor is
2. Contractors may purchase Fourth Arrow/Final Rest/Wyndscent products at a discount. The discount varies based upon how many brands the contractor is representing. The Contractor may purchase products at their discounts up to an annual total of $1,000 (MSRP) provided they are current on fulfilling the above responsibilities.