Skip to content
Eon-Labs KB

Non-Circumventive Agreement (template)

Source: Notion | Last edited: 2023-10-30 | ID: 5c106773-2a2...

This Agreement (“the Agreement”) is made this ___ day of _____, 20, by and between:

The Recruiter: [Recruiter Name]

{

}

and

The Investor: AXON CAPITAL MANAGEMENT - FZCO

Registration Number: DSO-FZCO-32700 (to verify, visit: https://cutt.ly/4wzuQiim)

Trade License Number: 34718 (to verify, visit: https://cutt.ly/uwzuQyQj)

Legal Status: Freezone Company

Issuing Authority: Dubai Integrated Economic Zones Authority (DIEZA)

Premises No: DSO-IFZA

Building Name: IFZA Properties

Area Name: Dubai Silicon Oasis

Recitals: WHEREAS, the Recruiter introduces qualified traders to the Investor for potential investments in funded trader programs;

WHEREAS, the Parties desire to ensure that the Investor does not engage in any monetary transactions directly or indirectly with introduced traders without the Recruiter’s consent;

NOW, THEREFORE, in consideration of the promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

  1. Definitions:
  • “Introduction” means the formal act of presenting a trader to the Investor by the Recruiter.
  • “Transaction” refers to any monetary or business engagement between the Investor and the introduced trader.
  • “Circumvention” means the act of bypassing or avoiding the Recruiter to engage in a transaction with the introduced trader.
  • “Compensation” refers to the commissions, fees, or any monetary benefits the Recruiter is entitled to from the introduction of a trader.
  1. Commencement and Duration: All obligations under this Agreement shall commence on the Effective Date and shall continue in full force and effect for a period of [specific time period, e.g., “two years”] unless otherwise stated in specific clauses herein.
  2. Non-Circumvention: a. The Investor agrees not to directly or indirectly initiate, solicit, negotiate, contract, or enter into any business transactions, agreements, or undertakings with any trader introduced by the Recruiter without the prior written consent of the Recruiter for a period of [specific time period, e.g., “two years”] from the last date of introduction. b. The Investor agrees not to bypass, compete, avoid, or circumvent the Recruiter in any way that deprives the Recruiter of its due commissions or other agreed upon fees related to the introduction of traders.
  3. Notice of Introduction: a. The Recruiter shall provide a written notice to the Investor specifying the details of the trader being introduced. b. The Investor agrees to notify the Recruiter immediately if the introduced trader was previously known or introduced to the Investor by another entity prior to the Recruiter’s introduction.
  4. Compensation: In the event of circumvention by the Investor, the Investor agrees to compensate the Recruiter an amount equal to the commissions or fees the Recruiter would have realized from such transaction had there been no circumvention, irrespective of the Investor’s actual profits or losses from the transaction.
  5. Confidentiality: Both Parties agree to maintain the confidentiality of all information obtained during the course of the introduction and subsequent interactions, unless required to disclose such information by law.
  6. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of [specific state or country], without regard to its conflict of laws principles.
  7. Relationship of the Parties: The relationship between the Parties is solely that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employer-employee relationship between the Parties.
  8. Representations and Warranties: Both Parties represent and warrant that they have the full power and authority to enter into this Agreement without violating any other agreement.
  9. Indemnification: Each Party agrees to indemnify and hold harmless the other Party against any damages, losses, or expenses arising out of any breach of this Agreement.
  10. Dispute Resolution:
  • Mediation: Before pursuing legal actions, the Parties commit to mediating any disputes.
  • Arbitration: Should mediation fail, disputes shall be resolved by binding arbitration.
  • Jurisdiction: Legal proceedings shall occur in British Columbia, Canada
  1. Notices: Official notices under this Agreement shall be sent via the email addresses listed at the beginning of this Agreement or to updated addresses the Parties may provide.
  2. Waiver: Failure to exercise any right under this Agreement shall not constitute a waiver of such right.
  3. Assignment: Neither Party may assign this Agreement without the other Party’s prior written consent.
  4. Force Majeure: Neither Party shall be held liable for failure to perform its obligations if such failure is a result of natural disasters, war, or any unforeseen events beyond their control.
  5. Severability: If any provision is deemed invalid, the remaining provisions shall remain in effect.
  6. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original.
  7. No Third Party Beneficiaries: This Agreement is between the Recruiter and Investor only. No third party has any rights or benefits under this Agreement.
  8. Amendments: No modifications or amendments to this Agreement shall be valid unless in writing and signed by both Parties.
  9. Entire Agreement: This Agreement contains the entire agreement between the Parties and supersedes all prior negotiations, understandings, and agreements between the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Non-Circumventive Agreement as of the date first above written.

[Recruiter Name] [Investor Name] Signature Signature