Non-Solicitation of Merchants. Without CTC’s prior written consent (which consent may be withheld in CTC sole and absolute discretion), Independent Contractor shall not knowingly cause or permit any of their employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or provide services that compete with the CTC Services to any Merchant that has been accepted by CTC; (ii) to solicit or otherwise cause any Merchant that has been accepted by CTC or its vendors to terminate its participation in any of the CTC Services; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the CTC Services by CTC, whether or not such are provided under the terms of this Agreement. This section shall apply during the term of this Agreement and for five (5) years after any termination, cancellation or expiration of this Agreement. Independent Contractor will remain responsible for resulting damages from such prohibited solicitation.
Non-Solicitation of Merchants. Without CannAvenue’s prior written consent (which consent may be withheld in CannAvenue’s sole and absolute discretion), Sales Agent shall not knowingly cause or permit any of its employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or provide services that compete with the CannAvenue Services to any Merchant that has been accepted by CannAvenue; (ii) to solicit or otherwise cause or encourage any Merchant that has been accepted by CannAvenue or its vendors to terminate its participation in any of the CannAvenue Services; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the CannAvenue Services by CannAvenue, whether or not such are provided under the terms of this Agreement. This section shall apply during the term of this Agreement and for three (3) years after any termination, cancellation or expiration of this Agreement or for so long as Sales Agent is receiving compensation, whichever is longer. Sales Agent will remain responsible for resulting damages from such prohibited solicitation. The first paragraph of this section 5 (h) shall not apply to Sales Agent when, further to verifications carried out by CannAvenue for this purpose, CannAvenue acknowledges, in its sole discretion, that Sales Agent also carries on the business of an independent software vendor. The first paragraph shall not apply in this instance but only in respect of a Merchant that Sales Agent wishes to solicit in his capacity as an independent software vendor for the bona fide purpose of marketing products and services of software vendors that CannAvenue does not offer to merchants. CannAvenue may make these verifications at any time during the term of this Agreement and Sales Agent shall provide CannAvenue with all information reasonably requested for this purpose. Sales Agent may not circumvent the application of the first paragraph under the guise of carrying on the business of an independent software vendor.
Non-Solicitation of Merchants. Without VMS’s prior written consent (which consent may be withheld in VMS sole and absolute discretion), Independent Contractor shall not knowingly cause or permit any of their employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or provide services that compete with the VMS Services to any Merchant that has been accepted by VMS; (ii) to solicit or otherwise cause any Merchant that has been accepted by VMS or its vendors to terminate its participation in any of the VMS Services; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the VMS Services by VMS, whether or not such are provided under the terms of this Agreement. This section shall apply during the term of this Agreement and for five (5) years after any termination, cancellation or expiration of this Agreement. Independent Contractor will remain responsible for resulting damages from such prohibited solicitation. Initials
Non-Solicitation of Merchants. Directly or indirectly, knowingly cause or knowingly permit any of its employees, agents, principals, affiliates, subsidiaries or any other person or entity with whom it has the right by contract to interfere with, disrupt, or attempt to interfere with or disrupt, any past, present or prospective business relationship of Lender, contractual or otherwise, related to or arising from the Merchants including soliciting or enticing any Merchant or otherwise cause any Merchant to terminate or cancel its existing credit card or check processing or any Merchant Agreements, or any other agreements related to the payment of Residuals. This section shall apply during the term of this Agreement.
Non-Solicitation of Merchants. Without Marketer's prior written ------------------------------- consent (which consent may be withheld in Marketer's sole and absolute discretion), Company shall not knowingly cause or permit any of their employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or provide services that compete with the Program Services to any merchant that has been accepted by Marketer; or (ii) to solicit or otherwise cause any merchant that has been accepted by Marketer or its vendors to terminate its participation in any of the services offered by Marketer or its vendors. This section shall apply during the term of this Agreement and for one (1) years after any termination, cancellation or expiration of this Agreement. Company will remain responsible for resulting damages from such prohibited solicitation.
Non-Solicitation of Merchants. The parties agree that during the term of this Agreement and thereafter, without IPS’ prior written consent, QSP shall not permit or enable any of its employees, agents, subsidiaries, sales persons or any other person or entity to solicit or cause any Referred Merchant to terminate its service relationship with IPS.
Non-Solicitation of Merchants. Without DF'S prior written consent (which consent may be withheld in DF'S sole and absolute discretion), Independent Sales Organization shall not knowingly cause or permit any of their IC Agents, employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or provide services that compete with the DF Program to any Merchant that has been accepted by DF; (ii) to solicit or otherwise cause any Merchant that has been accepted by DF to terminate its participation in any of the DF Program; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the DF Program by DF, whether or not such are provided under the terms of this Agreement. This section shall apply during the term of this Agreement and for two (2) years after any termination, cancellation or expiration of this Agreement. Independent Sales Organization will remain responsible for resulting damages from such prohibited solicitation.
Non-Solicitation of Merchants. Without PayMeNow's prior written consent (which consent may be withheld in PayMeNow sole and absolute discretion), Reseller shall not knowingly cause or permit any of their employees, agents, principals, affiliates, subsidiaries or any other person or entity (i) to solicit or otherwise cause any Merchant that has been accepted by PayMeNow or its vendors to terminate its participation in any of the PayMeNow Services; or (ii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the PayMeNow Services by PayMeNow, whether or not such are provided under the terms of this Agreement. This section shall apply during the term of this Agreement and for five (5) years after any termination, cancellation or expiration of this Agreement. 8. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Reseller may not assign this Agreement without the written consent of PayMeNow. PayMeNow may assign this Agreement in its sole discretion without the written consent of Reseller. 9. This Agreement sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. No amendment or modification to this Agreement, nor any waiver of any rights hereunder, shall be effective unless assented to in writing by both parties. 10. This Agreement shall be governed by and construed in accordance with the laws of the State of California (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of this Agreement or arising out of or based upon this Agreement or the business relationship between the parties hereto shall be brought in the United States District Court for the Central District of California or the Superior Court in and for the County of Orange. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts. In any action arising from the alleged breach of this Agreement, or to enforce this Agreement, the final prevailing party will recover its reasonable attorneys' fees, costs and expenses. 11. PayMeNow disclaims all wa...
Non-Solicitation of Merchants. Without NATM’s prior written consent, Agent shall not cause or permit any of its employees, agents, principals, affiliates, subsidiaries, Sales Persons (including Sales Personnel) or any other person or entity (i) to solicit or provide services to any Merchant; (ii) to solicit or otherwise cause any Merchant to terminate its participation in the Merchant Program; or (iii) to solicit or market services to any merchant that is already directly or indirectly provided Merchant Card Services by NATM, whether or not such are provided under the terms of this Agreement. This Section 6.1 shall survive for a period of five (5) years following any termination of this Agreement.
Non-Solicitation of Merchants. During the Term and for a period of 12 months thereafter, Licensee will not, without the prior written consent of Licensor, either directly or indirectly contact or solicit any Merchant or prospective Merchant for the purpose of selling or supplying to such Merchants, any products or services which Licensor determines to be competitive with the Gateway.
