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NON-CIRCUMVENTION and NON-DISCLOSURE AGREEMENT & CONTRACT
This below agreement is between BENESHIELD FINANCIAL, LLC and the BENESHIELD FINANCIAL APPLICANT, also referred to “the parties”.
IN CONSIDERATION of the mutual benefits to be derived by the associated individuals or their affiliated companies, whereby they are the empowered agents, and the parties are mutually desirous of entering into various business transactions in cooperation with one another for their mutual benefits, and it is agreed that neither of the parties will contact in any matter a third party introduced or made known by the other party or parties to this Agreement.
NOW THEREFORE, the parties agree to abide by the following terms and conditions set forth for that purpose:
1. Each of the signatories, separately and individually, hereby agree that he/she/they/it will not make any contact with, deal with, or be otherwise involved in any transaction or transactions with any institutions, corporations, companies, individuals or their agents who are lenders, borrowers, buyers, or sellers introduced by another of the signatories, without specific and agreed to permission of the introducing signatories.
2. This Agreement is a perpetuating Agreement for a period of Five (5) years from the date affixed below, and is to be applied to any and all transactions entertained by the signatories, whether or not introduced for this or any other financial project. The signatories hereby confirm that the identities of the introduced individuals and their companies are currently and in the future the property of the introducing signatory or signatories, and shall remain so for the duration of this Agreement, and for a period of Five (5) years after any introduction extended or transaction undertaken during the duration of this Agreement.
3. The signatories agree to keep confidential the names of any institutions, corporations, companies, individuals, or their agents, including lenders, borrowers, buyers, sellers introduced by the signatories or their associates, and shall keep completely confidential their phone numbers, fax numbers, addresses and their pertinent information which may include without limitation certain economic theories, economic and mathematical models and financial information such as costs and pricing plans, trade and other discounts, commissions, residuals, product information, planning documents, market research, projections, marketing/advertising plans and programs, customer lists, employee information, business contacts, specialized technology, software, trade secrets, even the existence of negotiations or Agreements between the Signatories themselves or with third Parties and such information is considered the properties of the introducing signatory or signatories. It will be the responsibility of the signatories to advise, instruct, and vouchsafe that their employees maintain the same confidentiality.
4. Any controversy or claim arising out of or relating to this contract or to projects covered by this Agreement, or any breach thereof, which is not settled between the signatories themselves, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, Which procedure and dealings shall take place in Oregon, or any other mutually agreed location. The judgment of an award by the Arbitrator(s) may be appealed in any court having jurisdiction.
5. It is understood that a signatory cannot be adjudged to be in violation of this Agreement when the presumed violation is involuntary due to situations beyond his/her/they/it’s control. Some evident examples being Acts of God, civil disturbances, theft, prior knowledge or possession of the privileged information on the contracts without the intervention, introduction, or assistance of one of the signatories. In the case of prior knowledge or possession of information regarding a specific source of lending, borrowing, selling, buying or other business activities, reintroduction of said source or sources shall adhere to the stipulations and Agreements of this document only for the specific transactions for which introduced, and shall not necessarily apply to future dealings, without the expressed consent and Agreement of the parties involved.
6. This document shall be considered to include the corporation(s), company/companies, employee(s), consultant(s), principle(s), agent(s), associate(s), business relation(s), assignee(s), family and heirs of each signatory to this document. The signatories to this document agree that no effort shall be made to circumvent this Agreement or the terms thereof in an effort to gain or avoid fees, commissions, remuneration or consideration of any kind, to the benefit of any one or more of the signatories of this document, while excluding equal or agreed benefit to any other of the signatories of this document.
7. Full disclosure of business dealings and arrangements, agreements for fees, commissions, remuneration or consideration between parties to one or more of the below named parties shall be required and shall adhere to the principles of this Agreement.
8. The terms and conditions of this Agreement shall insure to the benefit of, and shall be binding on the parties hereto, as well as their respective successors and assignees, and this document shall in no way be construed as an Agreement of partnership in such a way that any of the individual signatories of this document shall have any claims against any separate dealings, ventures, or assets of any other signatory’s commitment of liabilities in business or personal dealings or situations.
9. The essential spirit behind this Agreement is one of mutual trust and confidence, and of reliance on such to do what is fair and equitable.
10. Use of Trademarks
It is understood that the BENESHIELD FINANCIAL FUNDING APPLICANT, upon funding, has the right to use BeneShield Financial, LLC's logo and associated Trademarks, marketing materials, and marketing/sales methodology. It is understood by the BENESHIELD FINANCIAL FUNDING APPLICANT that the use of BeneShield Financial, LLC's Trademarks, marketing materials, logo, and methods are not mandatory as per this agreement, however future agreements and funding operations may be more restrictive by the financial institutions and may require a formal franchise agreement in place.
It shall also be understood by the BENESHIELD FINANCIAL FUNDING APPLICANT that the use of BeneShield Financial's branding and marketing methodology may be favorable to receiving funding as the system is proven.
INDEMNITY CLAUSE OF BENESHIELD FINANCIAL, LLC by BENESHIELD FINANCIAL APPLICANT WHEREAS:
a. The BeneShield Financial Funding Applicant wishes to Seeking Funding for Business, and
b. As a condition of such, BeneShield Financial, LLC wishes to be indemnified and held harmless, as more fully set forth in this Indemnity Agreement below.
In consideration of foregoing, and of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement hereby agree as follows:
The BeneShield Financial Applicant agrees to indemnify and save BeneShield Financial, LLC, and any Third-Party Financial Consultants harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of BeneShield Financial Applicant, and Third-Party Financial Consultants in connection with Seeking Funding for Business; or (ii) any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of except to the extent that such damage is due solely and directly to the negligence of BeneShield Financial, LLC.
(It is mutually agreed that electronically produced signatures (faxed, email, and web-form submission) and non-witnessed signatures will be binding)
This below agreement is between BENESHIELD FINANCIAL, LLC and the BENESHIELD FINANCIAL APPLICANT, also referred to “the parties”.
IN CONSIDERATION of the mutual benefits to be derived by the associated individuals or their affiliated companies, whereby they are the empowered agents, and the parties are mutually desirous of entering into various business transactions in cooperation with one another for their mutual benefits, and it is agreed that neither of the parties will contact in any matter a third party introduced or made known by the other party or parties to this Agreement.
NOW THEREFORE, the parties agree to abide by the following terms and conditions set forth for that purpose:
1. Each of the signatories, separately and individually, hereby agree that he/she/they/it will not make any contact with, deal with, or be otherwise involved in any transaction or transactions with any institutions, corporations, companies, individuals or their agents who are lenders, borrowers, buyers, or sellers introduced by another of the signatories, without specific and agreed to permission of the introducing signatories.
2. This Agreement is a perpetuating Agreement for a period of Five (5) years from the date affixed below, and is to be applied to any and all transactions entertained by the signatories, whether or not introduced for this or any other financial project. The signatories hereby confirm that the identities of the introduced individuals and their companies are currently and in the future the property of the introducing signatory or signatories, and shall remain so for the duration of this Agreement, and for a period of Five (5) years after any introduction extended or transaction undertaken during the duration of this Agreement.
3. The signatories agree to keep confidential the names of any institutions, corporations, companies, individuals, or their agents, including lenders, borrowers, buyers, sellers introduced by the signatories or their associates, and shall keep completely confidential their phone numbers, fax numbers, addresses and their pertinent information which may include without limitation certain economic theories, economic and mathematical models and financial information such as costs and pricing plans, trade and other discounts, commissions, residuals, product information, planning documents, market research, projections, marketing/advertising plans and programs, customer lists, employee information, business contacts, specialized technology, software, trade secrets, even the existence of negotiations or Agreements between the Signatories themselves or with third Parties and such information is considered the properties of the introducing signatory or signatories. It will be the responsibility of the signatories to advise, instruct, and vouchsafe that their employees maintain the same confidentiality.
4. Any controversy or claim arising out of or relating to this contract or to projects covered by this Agreement, or any breach thereof, which is not settled between the signatories themselves, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, Which procedure and dealings shall take place in Oregon, or any other mutually agreed location. The judgment of an award by the Arbitrator(s) may be appealed in any court having jurisdiction.
5. It is understood that a signatory cannot be adjudged to be in violation of this Agreement when the presumed violation is involuntary due to situations beyond his/her/they/it’s control. Some evident examples being Acts of God, civil disturbances, theft, prior knowledge or possession of the privileged information on the contracts without the intervention, introduction, or assistance of one of the signatories. In the case of prior knowledge or possession of information regarding a specific source of lending, borrowing, selling, buying or other business activities, reintroduction of said source or sources shall adhere to the stipulations and Agreements of this document only for the specific transactions for which introduced, and shall not necessarily apply to future dealings, without the expressed consent and Agreement of the parties involved.
6. This document shall be considered to include the corporation(s), company/companies, employee(s), consultant(s), principle(s), agent(s), associate(s), business relation(s), assignee(s), family and heirs of each signatory to this document. The signatories to this document agree that no effort shall be made to circumvent this Agreement or the terms thereof in an effort to gain or avoid fees, commissions, remuneration or consideration of any kind, to the benefit of any one or more of the signatories of this document, while excluding equal or agreed benefit to any other of the signatories of this document.
7. Full disclosure of business dealings and arrangements, agreements for fees, commissions, remuneration or consideration between parties to one or more of the below named parties shall be required and shall adhere to the principles of this Agreement.
8. The terms and conditions of this Agreement shall insure to the benefit of, and shall be binding on the parties hereto, as well as their respective successors and assignees, and this document shall in no way be construed as an Agreement of partnership in such a way that any of the individual signatories of this document shall have any claims against any separate dealings, ventures, or assets of any other signatory’s commitment of liabilities in business or personal dealings or situations.
9. The essential spirit behind this Agreement is one of mutual trust and confidence, and of reliance on such to do what is fair and equitable.
10. Use of Trademarks
It is understood that the BENESHIELD FINANCIAL FUNDING APPLICANT, upon funding, has the right to use BeneShield Financial, LLC's logo and associated Trademarks, marketing materials, and marketing/sales methodology. It is understood by the BENESHIELD FINANCIAL FUNDING APPLICANT that the use of BeneShield Financial, LLC's Trademarks, marketing materials, logo, and methods are not mandatory as per this agreement, however future agreements and funding operations may be more restrictive by the financial institutions and may require a formal franchise agreement in place.
It shall also be understood by the BENESHIELD FINANCIAL FUNDING APPLICANT that the use of BeneShield Financial's branding and marketing methodology may be favorable to receiving funding as the system is proven.
INDEMNITY CLAUSE OF BENESHIELD FINANCIAL, LLC by BENESHIELD FINANCIAL APPLICANT WHEREAS:
a. The BeneShield Financial Funding Applicant wishes to Seeking Funding for Business, and
b. As a condition of such, BeneShield Financial, LLC wishes to be indemnified and held harmless, as more fully set forth in this Indemnity Agreement below.
In consideration of foregoing, and of the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement hereby agree as follows:
The BeneShield Financial Applicant agrees to indemnify and save BeneShield Financial, LLC, and any Third-Party Financial Consultants harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of BeneShield Financial Applicant, and Third-Party Financial Consultants in connection with Seeking Funding for Business; or (ii) any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of except to the extent that such damage is due solely and directly to the negligence of BeneShield Financial, LLC.
- The BeneShield Financial Applicant shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing.
- The obligations of the BeneShield Financial Applicant under this Indemnity Agreement shall last in perpetuity.
- Any failure or delay by either Party to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this License Agreement shall not operate or be construed as a waiver thereof.
(It is mutually agreed that electronically produced signatures (faxed, email, and web-form submission) and non-witnessed signatures will be binding)
