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.
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.
Non-Solicitation of Merchants. (a) During the period from the date of this Agreement to and including the fifth (5th) anniversary of the date of the termination of this Agreement, SR shall not, directly or indirectly, though any agent or representative, on behalf of itself or any other person or entity, in any capacity whatsoever, without the prior written consent of TMS, (i) cause or induce any Merchant to do business with any competitor of TMS or of Global Payments Direct, Inc., formerly known as National Data Payment Systems, Inc., a Georgia corporation (“Global”), or to cease doing business with, reduce business with, or divert business from TMS, or (ii) in any way interfere with the relationship between any of the Merchants, on the one hand, and TMS and/or Global, on the other hand, or attempt to do any of the foregoing.
(b) The prohibitions set forth in Subsection 10(a) above shall not apply where the Merchant independently solicits SR to terminate its processing relationship with TMS or Global, in which case SR is permitted to work with Merchant in finding a replacement processing program. However, prior to engaging in any such activity with a Merchant, SR shall first advise TMS in writing of the Merchant’s decision, and as well provide a written explanation of the Merchant’s decision, all in order to provide TMS a reasonable opportunity to communicate with and retain that Merchant.
(c) For each violation of the prohibitions set forth in Subsection 10(a) above, or of the notice requirements set forth in Subsection 10(b) above, TMS shall have the right to collect a default fee from SR equal to the greater of (i) $500, or (ii) the product of (x) 24, and (y) the average monthly commissions paid to SR over the three most recent months in which the Merchant actively processed with TMS and Global. In addition, five violations of either Subsections 10(a) or 10(b) above within a six (6) consecutive month period shall be deemed to be an Event of Default by SR under this Agreement, thus giving TMS the right to terminate this Agreement immediately on written notice to SR.
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. 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 TAF'S prior written consent (which consent may be withheld in TAF'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 TAF Program to any Merchant that has been accepted by TAF; (ii) to solicit or otherwise cause any Merchant that has been accepted by TAF to terminate its participation in any of the TAF Program; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the TAF Program by TAF, 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 NTC’s prior written consent, Agent shall not cause or Permit any of its employees, agents, principals, affiliates, subsidiaries, Sales Persons or any other person or entity (i) to solicit a competitor’s merchant service program to any Merchant under this agreement; (ii) to solicit or otherwise cause any Merchant to terminate its participation in the Merchant Program. Further 6.1 will survive this agreement.
Non-Solicitation of Merchants. Without VMS’s prior written consent IC shall not 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 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 Services; or (iii) to solicit or market services to any Merchant that is already directly or indirectly provided any of the 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. IC will remain responsible for resulting damages from such prohibited solicitation.
