Terms of Pointe Website- PointeSales.com
By using this website I (Sales Representative) am verifying that both I am currently employed by Pointe Pest Control-PA in good standing and I agree to all the terms as set forth below.
I agree that all information on this site is CONFIDENTIAL and is the sole property of Ponte Pest Control-PA, LLC, and may not be copied, downloaded, shared, sold, or used in any manner not approved by Pointe. The site may be used to study, prepare, and receive information in order to better prepare myself for working with Pointe Pest Control..
By using this website I understand that I may become familiar with certain trade secrets and confidential information relating to Pointe Pest Control – PA’ business. Because of the sensitive nature of this information, Sales Representative acknowledges and specifically agrees to the section 10 from Independent Contractor paperwork as follows:
10.1 Sales Representative acknowledges and agrees that the covenants and undertakings contained in this Section 10 are reasonable and necessary to protect the legitimate interests of Pointe Pest Control – PA, and that a violation or breach of any of the terms of this Section 10 may cause irreparable injury to Pointe Pest Control – PA, the amount of which will be impossible to estimate or determine. Sales Representative agrees that Pointe Pest Control – PA shall be entitled, as a matter of course, to an injunction, restraining order, or writ of mandamus or other equitable relief from any court of competent jurisdiction, retraining any actual or threatened violation of any of the covenants in this Section 10 and such other persons as the Court shall order. Nothing in this Section 10.1 shall be construed to limit, or prohibit Pointe Pest Control – PA from seeking any other remedies, including, but not limited to, damages, attorneys’ fees and costs, available for the actual or threatened violation of the covenants of this Section 10;
10.2 Sales Representative acknowledges that the limitations and requirements contained in this Section 10 are reasonable in time and scope, and that Sales Representative can fulfill the obligations of this Section 10 without hardship and he can earn a living without violating the terms of this Section.
10.3 For purposes of this Agreement, “Confidential Information” means information relating to Pointe Pest Control – PA’ business affiliates, employees, agents, suppliers, clients, prospective clients, Sales representatives, prospective Sales representatives, technicians or installers. Confidential Information shall include, without limitation, personal information, information about finances, business affairs, customer lists, lists of prospective customers, vendor lists, methods of operation, business and technical information, and business arrangements, plans, policies, practices, or contracts. Confidential Information shall also include any information marked as “Confidential.” Notwithstanding the foregoing, Confidential Information shall not include information lawfully known to the Sales Representative prior to its disclosure or procurement by Pointe Pest Control – PA; information publicly known prior to its disclosure or procurement by the Pointe Pest Control – PA; information independently developed by Sales Representative, except information developed pursuant to his employment with Pointe Pest Control – PA that pertains to the business or business operations of the Pointe Pest Control – PA; and information disclosed to Sales Representative by a third party (who was not a potential customer) that has no relationship with Pointe Pest Control – PA, provided such disclosure does not violate any agreement or confidential relationship.
10.4 Sales Representative agrees that he will maintain in confidence and not disclose any Confidential Information to any third party without the express prior written consent of Pointe Pest Control – PA. Sales Representative further agrees that, except for the purpose for which the Confidential Information was disclosed, Sales Representative will not at any time use, whether directly or indirectly,Confidential Information for his benefit or for any third party without the express prior written consent of Pointe Pest Control – PA.
10.5 Sales Representative will take all appropriate steps to ensure that the secrecy of the Confidential Information in his possession is properly maintained.
10.6 Sales Representative will not, directly or indirectly, use the Confidential
Information in any way whatsoever in the development, production, marketing, or selling of any product, process, or service which resembles or competes with any product, process, or service which Pointe Pest Control – PA currently offers or sells, or may offer or sell, either directly or on behalf of a pest control service provider.
10.7 Upon the termination of this Agreement, Sales Representative will return to Pointe Pest Control – PA all documents, records, computer disks or any other form of the Confidential Information, including copies, of any documents or computer records containing or constitution Confidential Information.
10.8 Sales Representative will not, for a period of eighteen months from the End Date, directly or indirectly, either alone or with any other person or entity:
10.8.1 market, sell, or promote any product or service that is similar
to or competes in any way with any product or service sold or provided or planned to be sold or provided by Pointe Pest Control – PA, in any state of the United States that is listed in Independent Contractor paperwork Exhibit A Territory;