Employment Agreement
The intent of this page is to introduce you to the "terms" of employment. When we are ready to make an offer to hire you, we will send you an electronic employment package. The terms, policies and statements below will be listed in this package. You will digitally execute that package at that time. |
Employment Package
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This Agreement is made by and between (“You”) the Enrollment Marketing Director (“EMD”) and the We Help Foundation (“Foundation”) under the following terms and conditions. The statements contained in this Agreement constitute the entire Agreement (the “Agreement”) between you and the Foundation. This Agreement is effective as of the date listed next to your signature (“Effective Date”).
Although the information supplied is believed to be accurate at the time of publication, this information is subject to change without notice. Furthermore, the Foundation cannot guarantee the accuracy of information provided to it by others. It is your responsibility to independently verify such information before relying thereon. The Foundation will NOT be liable for any damages allegedly sustained if you rely on information contained herein, which has changed or if you rely on inaccurate information provided by others. The Foundation will NOT be liable for any damages allegedly sustained if you fail to review and comply with this Agreement.
Although the information supplied is believed to be accurate at the time of publication, this information is subject to change without notice. Furthermore, the Foundation cannot guarantee the accuracy of information provided to it by others. It is your responsibility to independently verify such information before relying thereon. The Foundation will NOT be liable for any damages allegedly sustained if you rely on information contained herein, which has changed or if you rely on inaccurate information provided by others. The Foundation will NOT be liable for any damages allegedly sustained if you fail to review and comply with this Agreement.
I understand that this Agreement defines the fundamental business values and policies from which this Foundation operates. I agree to conduct myself with the highest degree of honesty and ethical behavior. I shall be direct, clear, and ethical in my communications, actions, and follow the policies defined to the best of my ability. I will be accountable for my words, my work, and my attitude to others, including my superiors and my coworkers.
For our Organization, people are the most important asset. That is because in our competitive environment we rely on your intellect, and inventiveness, your creativity, enterprise and common sense to help us succeed against intense competition.
We invest significantly in distribution, marketing and infrastructure to advance our activities. We invest in you. We take the risk that these will pay off. It is not our intent to underwrite entrepreneurship that will not end up profiting the Organization. In other words, work done on Organization time belongs to the Organization.
We must protect our investment in you that is why we ask you to read, undergo and sign the following agreement, which is a condition of your employment and ongoing relationship with our Organization.
Many of the statements and policies outlined in this Agreement reflect the requirements of laws or regulations. Policy violations can create significant liability for the Foundation, its directors, officers, and employees. Liabilities may result not only in monetary damages but may even threaten our ability to continue to do business.
In trying to determine whether any given action is appropriate, apply the “front-page test”: Imagine that the action you are considering is going to be highlighted on page one of tomorrow’s newspaper with all the details, including your photo. If you are uncomfortable with the idea of this information being made public, perhaps you should think again about your course of action. In any event, if you are unsure about the appropriateness of an event or action, do not hesitate to ask the appropriate person in management.
I understand that specific policies may apply to me depending on individual areas of responsibility. I understand that other policies may be applicable to their respective location. I agree to internalize this Agreement and familiarize myself with the statements and policies.
Independent Status
APPLICATION PROCESS
“AT WILL” EMPLOYMENT STATUS
I UNDERSTAND AND ACKNOWLEDGE THAT UNDER FLORIDA LAW MY EMPLOYMENT WITH THE Foundation IS ON AN AT-WILL BASIS, MEANING THAT EITHER THE Foundation OR I MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, WITH OR WITHOUT CAUSE OR NOTICE. NOT WITH STANDING ANY OTHER PROVISION OF THIS AGREEMENT, I ALSO UNDERSTAND THAT NOTHING IN THIS AGREEMENT IS INTENDED TO CREATE A GUARENTEE OF CONTINUED EMPLOYMENT AND SHOULD NOT BE CONSTRUED AS SUCH UNDER ANY CONDITIONS.
EQUAL OPPORTUNITY
SEEKING INFORMATION
CODE OF ETHICS
CIRCUMVENTION
ASSIGNMENT AND DELEGATION
CORRECT ADDRESS AND CONTACT INFORMATION
VOLUNTARY BENEFITS
I understand that the Foundation will NOT offer health benefits to me. I understand that it is my responsibility to secure health insurance on my own.
PERFORMANCE AGREEMENT
RESIGNATION POLICY
TERMINATION POLICY
NON-DISCLOSURE
I understand that, except as directed by the Foundation, I am not permitted to disclose any confidential information at any time during or after the term of this Agreement. This includes disclosing confidential information to a person or allowing a person to examine and/or make copies of any documents prepared by the Foundation or that come into my possession or under my control while carrying out my duties. Upon termination of this Agreement I agree to turn over to the Foundation all documents, papers and other materials in my possession or under my control that relate to the Foundation.
PROPRIETARY INFORMATION
OWNERSHIP AND RETURNING PROPRIETARY INFORMATION
I agree that all Proprietary Information used or generated during the course of working for the Foundation is the property of the Foundation. I agree to deliver to the Foundation all documents and other tangibles (including thumb drives and other storage media) containing Proprietary Information immediately upon leaving the employment of the Foundation or otherwise within three (3) days after the Foundation so requests.
CONFIDENTIAL INFORMATION
DISCLOSURE OF CONFIDENTIAL INFORMATION
AGREEMENT NOT TO COMPETE
EXCEPTIONS
ASSIGNMENT OF AUTHORSHIP
NON SOLICITATION
While working for the Foundation and for one year after the termination of my employment with the Foundation, I will not (a) attempt, directly or indirectly, to induce or attempt to influence any employee of the Foundation to leave the Foundation’s employ; or (b) solicit business from any of the Foundation’s customers, either directly or indirectly, for the benefit of anyone other than the Foundation; nor will I participate or assist in any way in the solicitation of business from any such customers as an employee of or consultant to another entity. In addition, I acknowledge and agree that any “goodwill” associated to what we do belong exclusively to the Foundation, including, but not limited to, any goodwill created as a result of direct or indirect contact or relationships between me (or anybody I supervise at the Foundation), any investors, and any customers or program participants of the Foundation.
CONFLICTS OF INTEREST
USE OF RESOURCES AND ASSETS
INFRINGEMENT
REPRESENTATION
EMAIL POLICY
ARBITRATION
EXCLUSIVE RULES
ATTACHMENT DUE TO COURT ACTION
SEVERABILITY
The provisions of this Agreement are severable. In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provision is held overbroad or invalid by a court or arbitrator with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with the applicable law. The remaining provisions of the Agreement shall continue in full force and effect.
SPECIFIC PERFORMANCE
I acknowledge and agree that a breach of any of the promises or Agreements contained herein will result in irreparable and continuing damage to the Foundation for which there will be no adequate remedy at law. Accordingly, I agree that the Foundation shall be entitled to injunctive relief and/or a decree of specific performance, or other equitable relief to prevent the violation of my obligations herein in addition to any other right or remedy that may be available (including monetary damages if appropriate).
For our Organization, people are the most important asset. That is because in our competitive environment we rely on your intellect, and inventiveness, your creativity, enterprise and common sense to help us succeed against intense competition.
We invest significantly in distribution, marketing and infrastructure to advance our activities. We invest in you. We take the risk that these will pay off. It is not our intent to underwrite entrepreneurship that will not end up profiting the Organization. In other words, work done on Organization time belongs to the Organization.
We must protect our investment in you that is why we ask you to read, undergo and sign the following agreement, which is a condition of your employment and ongoing relationship with our Organization.
Many of the statements and policies outlined in this Agreement reflect the requirements of laws or regulations. Policy violations can create significant liability for the Foundation, its directors, officers, and employees. Liabilities may result not only in monetary damages but may even threaten our ability to continue to do business.
In trying to determine whether any given action is appropriate, apply the “front-page test”: Imagine that the action you are considering is going to be highlighted on page one of tomorrow’s newspaper with all the details, including your photo. If you are uncomfortable with the idea of this information being made public, perhaps you should think again about your course of action. In any event, if you are unsure about the appropriateness of an event or action, do not hesitate to ask the appropriate person in management.
I understand that specific policies may apply to me depending on individual areas of responsibility. I understand that other policies may be applicable to their respective location. I agree to internalize this Agreement and familiarize myself with the statements and policies.
Independent Status
- I understand that I am an independent contractor and that I am considered to be “Self-Employed”. I understand that I am NOT considered to be a W2 employee of the Foundation. I set my own hours and I ultimately determine my desired results or income (defined in another Agreement). I understand that it is my responsibility to conduct myself within the guidelines of this Agreement. I understand that as a 1099 independent contractor my success or failure depends on my own efforts. I understand that I may choose to purchase at my sole and independent discretion liability insurance, automobile insurance, disability insurance, workers compensation, and all other forms of personal insurance. I understand that I must be at least 18 years of age or the age at which a resident may enter into a self-employment contract for the state in which I reside.
- I understand that I am solely responsible for determining state and/or local laws, regulations and ordinances regarding the activities I perform for the given job description(s) or title(s) assigned to me. It is my responsibility to pay any self-employment taxes and all local, state and federal taxes required by law. I understand that I am responsible for unemployment insurance or social security contributions, which may be due as a result of activities arising out of the performance of this Agreement. I understand that the Foundation does not deduct any personal taxes from compensation. I understand that the Foundation will provide me with a Form 1099 or other applicable documentation required by law for 1099 employee compensation for the purpose of reporting income earned by me from the Foundation during the calendar year. The Foundation may provide compensation reports (when requested) listing income earned during the calendar year.
- The Foundation shall have no responsibility for any actions, or omission to act, on behalf of me or any obligations undertaken by me.
- I understand that I have no authority to bind or obligate the Foundation. Furthermore, I shall NOT enter into any Agreements or contracts that bind the Foundation to any financial or monetary obligations of any kind or use the copyrighted name in any such Agreement or contract that may give the appearance that the Foundation is responsible for a contract or Agreement between me and a third party. I agree not to make purchases in the name of the Foundation unless permitted in writing by the Foundation.
- I understand Federal Law requires that the Foundation collect the Social Security Number for the purposes of filing Form 1099 and other required government documents. I hereby agree to supply the Foundation with a valid Social Security Number; and understand that if I don’t my application and/or employment status will be declined, rejected, terminated.
- If I choose to make compensation payable to a corporation or partnership, a valid Federal Employer’s Identification Number (FEIN) or tax identification number (TIN) must be provided to the Foundation.
APPLICATION PROCESS
- I certify the information provided to the Foundation during the application process is true and accurate to the best of my knowledge. I understand that misrepresentation or omission of facts during the application process could cause my application to be rejected and future employment denied.
- The Foundation shall reserve the right to reject an application or ongoing employment if the information submitted is incomplete, false or deemed fraudulently delivered.
- Unacceptable applications include but are not limited to those that are inaccurate or submitted in violation of the Foundation’s ideals, our Code of Ethics, this Agreement, any amendments thereto, and any applicable law.
- As long as the Foundation follows procedures that are reasonable in nature to detect submissions that are unacceptable, you may be terminated by the Foundation.
- I understand that the Foundation may complete a criminal history background check, as well as contact references provided, former employers and educational institutions.
“AT WILL” EMPLOYMENT STATUS
I UNDERSTAND AND ACKNOWLEDGE THAT UNDER FLORIDA LAW MY EMPLOYMENT WITH THE Foundation IS ON AN AT-WILL BASIS, MEANING THAT EITHER THE Foundation OR I MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME, WITH OR WITHOUT CAUSE OR NOTICE. NOT WITH STANDING ANY OTHER PROVISION OF THIS AGREEMENT, I ALSO UNDERSTAND THAT NOTHING IN THIS AGREEMENT IS INTENDED TO CREATE A GUARENTEE OF CONTINUED EMPLOYMENT AND SHOULD NOT BE CONSTRUED AS SUCH UNDER ANY CONDITIONS.
EQUAL OPPORTUNITY
- I understand and agree that our values include ethical actions, honesty, respect for others, and teamwork. I agree to exercise these values and promote an environment that is open, supportive, and interdependent. I understand that no action could be more contrary to the Foundation’s values than discrimination.
- I understand our policies prohibit discrimination and harassment of any kind. I understand that discrimination; harassment, slurs, or jokes based on a person’s race, color, creed, religion, national origin, citizenship, age, sex, sexual orientation, marital status, or mental or physical disability will not be tolerated.
SEEKING INFORMATION
- I understand and agree to gather or seek information from Foundation approved websites and collateral materials when possible before attempting to seek information from the Foundation or specific support staff.
- I understand that it is my responsibility to seek out information from specifically authorized support staff prior to contacting the owners or a member of the board of directors, etc.
- In the event a question cannot be answered or specific information cannot be obtained from collateral material, authorized support staff, or a specific member of management, the question may be directed to the owner(s) of the Foundation.
CODE OF ETHICS
- In the spirit of pursuing a successful career, I agree to safeguard and protect the reputation of the Foundation; its products, services, vendors, image, ideals and philosophies.
- I agree to refrain from any activities which might be harmful to the reputation of the Foundation; its products, services, vendors, image, ideals and philosophies.
- I shall refrain from activities that will or could possibly damage the ability of others to work for the Foundation.
- I shall be professional in my approach to business activities and strictly avoid all deceptive, misleading, discourteous, unethical and immoral conduct.
- I will respect the honest efforts of my team and will not engage in predatory or unethical practices.
CIRCUMVENTION
- I understand that this Agreement is designed to protect myself and the Foundation from the adverse consequences that may result from a violation of this Agreement or the policies contained herein.
- I understand that if I intentionally attempt to circumvent this Agreement to accomplish indirectly what is prohibited directly, the consequences will be the same as if I breached this Agreement with intent.
- I understand that the Foundation shall have the right to adjust my pay (hold compensation) if I attempt to circumvent this Agreement.
- I understand that this Agreement is not intended to create third-party rights for me regarding the conduct of another employee of the Foundation.
ASSIGNMENT AND DELEGATION
- I understand that I shall not (by operation of law or otherwise) assign my rights or delegate my performance for the given title and duties assigned, without the prior written consent of the Foundation.
- I agree that the Foundation may assign and/or delegate any of its rights and/or duties, provided that the Foundation would possess reasonable assurance that the assignee and/or delegate will be able to, within reason, perform the necessary obligations to provide adequate support.
- I understand that I may assign compensation to a third party with corporate “approval” as long as my duties will be able to, within reason, be performed by the assignee and the obligations to my title(s) or assigned job description and duties are being met by the assignee.
CORRECT ADDRESS AND CONTACT INFORMATION
- I understand that I must submit and maintain a correct mailing and shipping address that accurately reflects where I live and am doing business. This includes; Phone, fax, and/or cell phone numbers.
- If I fail to notify the Foundation of a change of address and the Foundation is unable to deliver notifications to me as requested, then I will be charged a $35 administrative fee associated with the Foundation’s efforts to correct the mailing problem.
- In the event that compensation cannot be paid to me due to a change of banking and/or financial institution or for any other reasons, it is my responsibility to notify the Foundation.
- I understand that if compensation is not deposited due to pay disputes between myself and another party, the Foundation will delay payment for a maximum time period of sixty days. I understand that after this time period, compensation shall be forfeited. I understand that it is my responsibility to resolve any disputes on pay and provide proper payment amounts to management in the time frames published by the Foundation.
- I understand that the only form of payment made by the Foundation is through ACH deposit.
- I understand that if I change banking institutions or if there is an error in pay, it is my responsibility to track and notify the proper human resource personnel of this error.
- I understand that it is my responsibility to communicate with management about compensation payments and/or issues in receiving pay.
- I agree that any and all claims to prejudgment interest on amounts not paid to me is waived by me if the failure to receive compensation from the Foundation occurs due to my inability to maintain an accurate banking or financial means to accept electronic payments.
VOLUNTARY BENEFITS
I understand that the Foundation will NOT offer health benefits to me. I understand that it is my responsibility to secure health insurance on my own.
PERFORMANCE AGREEMENT
- I understand that there are no exclusive territories and that I may conduct Foundation business when authorized and within any area where the Foundation is authorized to do business (Currently Northeast Florida). I understand that compensation is earned and income is generated by completing the activities defined by management in a separate compensation Agreement. I understand and agree to the terms of these Agreements and the compensation proposed for the position offered.
- I understand that the Foundation shall not be responsible for delays and failures in my performance hereunder where performance is made commercially impracticable due to circumstances beyond either party’s reasonable control, including, without limitation: strikes, labor difficulties, riot, war, fire, delay or curtailment of the party’s usual source of supply or governmental decrees or orders.
- I understand that although I am self-employed, in order to earn promotions, I will be required to meet certain production requirements as defined from time to time by management and agreed to by the parties (defined in a separate compensation Agreement). I further understand that promotions are not automatic and that the Foundation will conduct performance reviews often and at its sole discretion assign and/or promote or demote me.
- I understand that because I am self-employed, I am not required to work a set schedule or quantity of hours and that compensation is directly proportionate to the amount of time and energy I put forth into performing those responsibilities required for the title/job description assigned to me.
- I understand that corporate meetings are not (by-law) mandatory, but fully recognize the importance of attending said meetings (especially when requested); which may include, receiving important updates, news and techniques vital to my performance and production capabilities.
RESIGNATION POLICY
- I understand that I may choose to resign and that the process of resigning is considered to be voluntary.
- If I resign, I understand that I will not receive any compensation that would normally be due me if the compensation has not yet been paid, regardless of whether the compensation was scheduled to be paid, unless otherwise agreed upon by me and an authorized member of management.
- I understand that if I resign or am terminated I will NOT receive compensation under the amount of $500.
- I understand that compensation amounts above $500 may or may not be paid to me depending on the situation of the resignation/termination and that the decision is at the complete discretion of management.
TERMINATION POLICY
- I understand that the Foundation may terminate me for violating any section of this Agreement or any other Agreement on file.
- I understand that I may be terminated for spamming, illegal practices, breech of this Agreement or any other Agreement on file, unethical behavior, and infringement of copyright, patent and trademark restrictions.
- I understand that I may be terminated for misstatements or misrepresentation made during the application process.
- I understand that I may be terminated for providing false or fake information relating to production requirements and/or performance.
- I understand that if I am terminated, the Foundation shall be entitled to sue me for any damages to which it may be entitled by law. Compensation that was being paid to me after termination shall automatically be withheld by the Foundation, until notification by the applicable oversight agency is issued to the Foundation.
- I understand that this Agreement is to remain in effect until the Foundation receives written notice from me of its revocation, unless the Foundation terminates it earlier.
NON-DISCLOSURE
I understand that, except as directed by the Foundation, I am not permitted to disclose any confidential information at any time during or after the term of this Agreement. This includes disclosing confidential information to a person or allowing a person to examine and/or make copies of any documents prepared by the Foundation or that come into my possession or under my control while carrying out my duties. Upon termination of this Agreement I agree to turn over to the Foundation all documents, papers and other materials in my possession or under my control that relate to the Foundation.
PROPRIETARY INFORMATION
- I understand that proprietary information means any information that may be furnished or may otherwise receive or have access to which relates to the Foundation’s business, finances, business plans, business opportunities, past, present, or future products, software, research, development, improvements, inventions, processes, techniques, designs or other technical data, administrative, management, financial, marketing, consumer information, manufacturing activities of the Foundation or of a third party which provided proprietary information to the Foundation on a confidential basis.
- I understand that proprietary information may include cost and expense data, computer software, computer network systems, other computer and data processing information, trade secrets, secret processes and formulae, technology, marketing information, provider, vendor and other network information, financial projections, business plans, client lists and prospective client lists, customer data and such other information. All such information is considered by the Foundation to be Proprietary and confidential.
OWNERSHIP AND RETURNING PROPRIETARY INFORMATION
I agree that all Proprietary Information used or generated during the course of working for the Foundation is the property of the Foundation. I agree to deliver to the Foundation all documents and other tangibles (including thumb drives and other storage media) containing Proprietary Information immediately upon leaving the employment of the Foundation or otherwise within three (3) days after the Foundation so requests.
CONFIDENTIAL INFORMATION
- I understand that information provided to me by the Foundation is proprietary and confidential to the Foundation and is made available to me in confidence.
- I agree not to disclose any such information to any third party directly or indirectly, nor use the information to compete with the Foundation, or use this information for any purpose other than promoting the Foundation, its affiliates and/or vendors.
- I, in conjunction with the Foundation, hereby agree that except for this Agreement of confidentiality and non-disclosure, the Foundation will not provide said information to me.
- Both during my employment with the Foundation and subsequent thereto, I agree to preserve and protect the confidentiality of the Proprietary Information and all physical forms thereof, whether disclosed to me before this Agreement was set forth or afterward.
- I shall not (i) disclose or disseminate Proprietary Information to any third party, including employees of the Foundation, without a need to know; (ii) remove Proprietary Information from the Foundation’s premises other then as necessary for the performance of my duties; or (iii) use Proprietary Information for my own benefit or for the benefit of any third party. (iv) I shall not, without the prior written consent of the Foundation, make any statement or public announcement, or any release to trade publications or to the press, make any statement to any competitor, customer or other third party, with respect to such confidential information, except as may be necessary to comply with the requirements of any law, governmental order or regulation.
- In such case of legal necessity; I agree to provide the Foundation with a minimum of forty-eight--(48) hours prior written notification of any disclosure to permit the Foundation to contact or challenge the same.
DISCLOSURE OF CONFIDENTIAL INFORMATION
- I understand that proprietary information may from time to time be disclosed to potential business partners and/or investors.
- I agree not to disclose confidential or proprietary information without express written permission from an authorized member of management.
- I agree (when disclosing information) to collect the proper nondisclosure agreements from the party I am communicating information to – before any disclosure takes place. I will use the nondisclosure agreements provided by the Foundation and will never accept a third party’s nondisclosure agreement.
- I agree to refer the press and the financial analyst community to an authorized member of management for all inquiries or statements.
AGREEMENT NOT TO COMPETE
- If this Agreement with the Foundation terminates for any reason, I hereby agree NOT TO COMPETE with the Foundation and/or any of its subsidiaries or affiliates; including but not limited to the We Help Brokerage and Auto Help Corporation for a period of two years from the date of termination or resignation.
- I hereby agree NOT to affiliate with a contracted supplier and/or vendor that affiliated with the Foundation, either directly or indirectly or through association with a program participant, an investor of the Foundation or its subsidiaries or a person or firm with whom I have made contact in connection with my duties for the Foundation.
- I will not, for a period of two years after termination, become a partner in, invest, own, establish, or operate a Foundation, association or organization that offers services that are similar in nature to the services offered by the Foundation or by suppliers/vendors endorsed by the Foundation.
- I agree to keep in strictest confidence, both during the term of this Agreement and subsequent to the termination of this Agreement or thereafter disclose or divulge to any person, firm or corporation, or use directly or indirectly, for my own benefit or the benefit of others, any information which in good faith and good conscience ought to be treated as confidential information.
- This information includes, without limitation: contracts, Agreements, information relating to the business structure, marketing materials or any other confidential information or trade secrets relative to the business or affairs of the Foundation which I may acquire or develop in connection with, or as a result of, my performance hereunder.
EXCEPTIONS
- The foregoing obligation shall not apply to any information which can be stablished to have become publicly known or made generally available to the public without breach of this Agreement by me or misconduct by others who were under a confidentiality obligation as to the items or items involved.
- The foregoing obligation shall not apply to any information that has been given to me by a third party who is not obligated to maintain confidentiality.
- If I receive information with uncertain confidentiality, I agree to treat such information as Proprietary Information until I have written verification from management of the Foundation that such information is neither confidential nor proprietary.
ASSIGNMENT OF AUTHORSHIP
- I acknowledge and agree that all works or authorship, including without limitation throughout this Agreement, all designs, techniques, devices, discoveries, processes, software, writings, inventions, improvements or documentation and all related know how, produced, made, conceived or authorized by me, solely or jointly with others, in the course of my employment with the Foundation together with any intellectual property rights on the works of authorship, are works made for hire and the property of the Foundation if such works (i) relate in any manner, at the time the work is conceived or reduced to practice, to the actual or anticipated business, research, or development of the Foundation; (ii) are suggested by or result from any task assigned to me or work performed by me for or on behalf of the Foundation; or (iii) are created or developed with the use of Foundation equipment, supplies, facilities, information or materials. I shall disclose any such works of authorship promptly to the Foundation and herby assign any and all rights in such works to the Foundation or its assignees.
- I agree that all works of authorship made by me, solely or jointly with others that are based on or contain Proprietary Information of the Foundation shall belong to the Foundation.
- I promise to assign any and all rights of past/future works of authorship to the Foundation. For the purposes of this subparagraph, a work of authorship is based on work that is done by me both in principle or design, during the course of my employment with the Foundation.
NON SOLICITATION
While working for the Foundation and for one year after the termination of my employment with the Foundation, I will not (a) attempt, directly or indirectly, to induce or attempt to influence any employee of the Foundation to leave the Foundation’s employ; or (b) solicit business from any of the Foundation’s customers, either directly or indirectly, for the benefit of anyone other than the Foundation; nor will I participate or assist in any way in the solicitation of business from any such customers as an employee of or consultant to another entity. In addition, I acknowledge and agree that any “goodwill” associated to what we do belong exclusively to the Foundation, including, but not limited to, any goodwill created as a result of direct or indirect contact or relationships between me (or anybody I supervise at the Foundation), any investors, and any customers or program participants of the Foundation.
CONFLICTS OF INTEREST
- I agree to avoid situations where a conflict of interest might occur or appear to occur. I understand that the Foundation is subject to scrutiny from many different individuals and organizations and I agree to avoid even the appearance of any impropriety.
- I understand that I may continue to work on, and retain rights to, projects of my own interest outside of the Foundation provided that; (i) they do not fall under (“Competitive or Outside Employment”); (ii) they do not interfere in any way with my performance for the Foundation or conflict with this Agreement in any way.
- While employed by the Foundation and for one year after the termination of my employment for any reason, I will not, within the United States or any country in which the Foundation or a license of the Foundation is then operating or preparing to operate, (1) directly or indirectly participate in the ownership, control or management of any business that competes with the business of the Foundation, or (2) be employed by any such business in any capacity such that my job duties would make such employment competitive with the business interest of the Foundation.
- I agree to avoid engaging in any business outside of the Foundation if it interferes with my performance or responsibilities to the Foundation. I understand that simultaneous employment with a supplier, customer, entity, or competitor of the Foundation is strictly prohibited.
- I understand that taking part in any activity that enhances or supports a competitor’s position in the marketplace is strictly prohibited.
USE OF RESOURCES AND ASSETS
- I understand that I am responsible for protection the resources of the Foundation and that care should be taken to ensure that assets are not misappropriated, loaned to others, or sold or donated, without authorization.
- Computers and Equipment. I agree to take care of any computers or equipment made available to me and to use them responsibly. I agree to take precautions to protect against theft or damage, just as if the equipment were my own. I agree that if I leave the employ of the Foundation to return any Foundation owned equipment.
- Software. I agree not to illegally copy and use software that belongs to, or is licensed to the Foundation.
- I agree to use the internet responsibly to conduct only the Foundation business. I understand that any screen display or printout of any subject, article, or website I may access via the internet will not be offensive in nature.
INFRINGEMENT
- I understand that the Foundation disclaims and excludes all warranties, regarding possible infringement of any United States or foreign patent, trademark, trade name, copyright or the like.
- I understand and agree that I shall not have a claim in connection therein. I shall immediately notify the Foundation as soon as I learn of any claim or suit relating to any of the matters discussed in this paragraph.
- I understand that all trade policies; training, marketing material and professional relationships are the exclusive property of the Foundation. Any use of materials published by the Foundation for promotions to attempt to circumvent the Foundation and approach suppliers, vendors, investors, etc. will be deemed as infringement, exploitation and plagiarism, and is grounds for termination and will be prosecuted to the fullest extent of the law.
- I understand that the Foundation is covered by a general liability policy with coverage that may not protect me if unauthorized representation or claims are made.
REPRESENTATION
- I shall truthfully and realistically describe the Foundation program in all discussions with prospects, program participants and other employees. This obligation of fair and realistic discussion shall include, without discrimination, and not limited to the following:
- I shall never knowingly misrepresent any significant material fact about the Foundation, its programs and services, or affiliates and/or vendors.
- I will not state that the Attorney General’s office or the Better Business Bureau, or any other government or state agency has approved or endorsed the Foundation; its program; services or the services offered by approved vendors of the Foundation. I understand that these agencies do not permit the use of their names in any manner in connection with the endorsement of advertising services. I understand that the use of any agency’s name as a reference is never authorized, nor can it be used, except as specifically authorized by that agency, in the advertising or marketing material of any commercial organization.
- I understand that requiring a consumer (program participant) to purchase any other product or service in order to be eligible to participate in the Foundation program is strictly prohibited.
- I understand that the Foundation at its sole discretion shall designate an official of the Foundation to review violations of “representation” for consideration of penalty, probation, or termination.
EMAIL POLICY
- I understand that email is a convenient, fast and effective way to communicate and agree to use it appropriately.
- I will do my best to avoid irresponsible, careless, or insensitive statements in an email because I understand things can be taken out of context and used against me and the Foundation. I understand that disparaging comments made against others could, under certain circumstances, constitute libel or a form of harassment.
- I agree to think carefully about what I write and will avoid loose statements, unfounded assertions, angry responses, threats, speculations, or suppositions about the actions of the Foundation, its employees, or third parties.
- I agree to label email messages containing confidential information with the appropriate the Foundation confidential label. This tells the recipient how to treat the information in your message.
- I agree to only copy those persons on an email who need to know what I am saying in order to do their jobs.
- I will not forward or send emails containing confidential information outside of the the Foundation corporate intranet. If I need to communicate a business need to someone outside of the Foundation, I will confirm with management that the appropriate agreements are in place before mailing information over the network.
- I understand that email messages can be, and usually are, subpoenaed in the event of litigation—even if the Foundation is not a party to the lawsuit and therefore agree to take caution when communicating what the Foundation can and will do in an email to a program participant or potential program participant.
- I agree to forward consumer information emails to my immediate supervisor or management prior to sending to ensure I’m sending the best communication possible.
- I understand that the Foundation email account is established to conduct the Foundation’s business and enhance my productivity. I understand that emails sent or received through this account is the property of the Foundation.
- I understand that email should not be used to further personal business opportunities or perform work for anyone other than the Foundation.
- I will avoid sending an email containing illegal, obscene, or offensive messages or files. I will avoid using emails to engage in political activities, to express personal opinions to journalists, or to take public positions on issues without the prior consent of the Foundation management.
ARBITRATION
- I understand that any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by Arbitration in accordance with the rules and procedures of AFMA, as said rules may be amended from time to time with the rights of discovery if requested by the arbitrator.
- Such rules and procedures are incorporated and made a part of this Agreement by reference.
- If AFMA shall refuse to accept jurisdiction of such dispute, then the parties agree to arbitrate such matters before and in accordance with the rules of the American Arbitration Association under its jurisdiction in the city of Jacksonville, Florida before a single arbitrator familiar with Florida law.
- The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings.
- The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys' fees and expenses.
- The arbitration will be held in Jacksonville, Florida and any award shall be final, binding and non-appealable. The Parties agree to accept service of process in accordance with the AFMA or AAA Rules.
EXCLUSIVE RULES
- This Agreement and any instruments referred to herein constitute the entire understanding of the parties with respect to the entire working relationship between you and the Foundation. This Agreement may be amended only by an instrument in writing signed by an authorized officer of the Foundation. Should any inconsistencies arise, the amendment shall be controlling.
- The Foundation in conjunction with Realty Help 247 (together) shall expressly reserve the right to alter and amend the pricing structure to any real estate transaction. In order to maintain a viable Foundation, the Foundation specifically reserves the right to make any amendments or adjustments it deems necessary with respect to this Agreement, Terms & Conditions of the program offered to its employees or program participants, Compensation, Pricing Schedules, Service Availability, and/or formulation. Such amendments are automatically incorporated as part of this Agreement thirty (30) days after notification.
- The Foundation shall maintain the right to insist on compliance with the Exclusive Rules and/or the applicable laws governing the conduct of the business. This is true in all cases, both specifically expressed and implied, unless an officer of the Foundation, who is authorized to bind the Foundation in contracts or Agreements, specifies in writing, that the Foundation waives any of these provisions with subsequent notification.
- I understand and agree that the Foundation reserves the absolute right to change, discontinue or withdraw a product or service including the participation or affiliation of vendors, investors, etc. Any such changes shall be incorporated into this Agreement and shall become effective upon written notification, which may or may not include inner office posting(s) or updates sent via email.
- I understand that the Foundation reserves the right to modify pricing for program services.
- I understand that the Foundation reserves the right to adjust the way in which compensation is paid.
- I understand that the Foundation reserves the right to amend this Agreement.
- I understand that an amendment to this Agreement will be binding on me. I understand that in the event of a conflict between the amendment and this Agreement, or any other document, the amendment will control.
- I understand that amendments, adjustments and changes that materially affect my pay will be disclosed to me prior to implementation with an opportunity to collaborate with management.
ATTACHMENT DUE TO COURT ACTION
- I understand that there are a number of legal considerations, but, my income may be subject to seizure by a creditor, bankruptcy trustee, or other receiver. If the Foundation receives notice that one of the foregoing is seeking to claim an interest in my income, the Foundation shall promptly notify me at either the most recent physical address or by other means of contact that is available to the Foundation.
- I understand that the Foundation may be served legal notice and therefore required to pay all future income to creditors who have reduced their claims to legal judgments. The Foundation could also be notified of an effort to have a judicial sale of any compensation due me in an effort to obtain funds to apply to the outstanding judgment.
- If I am subject to a voluntary or involuntary bankruptcy or some other state receivership, the trustee or receiver may assume my interest to compensation from me and is entitled to the same rights, titles and privileges afforded to me. The trustee or receiver must take steps to meet the obligations and duties required to continue receiving compensation.
- If, in good faith, the Foundation relies on legal advice indicating that the Foundation is required to respond as requested by a judgment creditor the Foundation cannot be held liable by me for honoring the request even when the original judgment or authority of the receiver or trustee is subject to appeal or other legal challenges.
- In the event that I seek to invoke the benefit of exemptions afforded debtors from creditor judgments under federal or state law, I must secure from an appropriate legal authority a ruling as to its application, and present the same to the Foundation, prior to the time established to honor the previous legal demand made on the Foundation by the judgment creditor.
SEVERABILITY
The provisions of this Agreement are severable. In the event that any provision of this Agreement conflicts with the law under which the Agreement is to be construed or if any such provision is held overbroad or invalid by a court or arbitrator with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with the applicable law. The remaining provisions of the Agreement shall continue in full force and effect.
SPECIFIC PERFORMANCE
I acknowledge and agree that a breach of any of the promises or Agreements contained herein will result in irreparable and continuing damage to the Foundation for which there will be no adequate remedy at law. Accordingly, I agree that the Foundation shall be entitled to injunctive relief and/or a decree of specific performance, or other equitable relief to prevent the violation of my obligations herein in addition to any other right or remedy that may be available (including monetary damages if appropriate).