Common use of Relationship and Authority Clause in Contracts

Relationship and Authority. 5.1 The parties agree and understand that Representative is an independent contractor and there is no employer-employee relationship, joint venture or agency created hereby. During the Term, Representative agrees that, for so long as Distributor is paying all Commissions owed to Representative under this Agreement in respect of a specific customer, Representative will not actively solicit that customer to switch to a directly competing provider of services which competes with those provided by Distributor or a Vendor to the customer in question, Distributor agrees not to circumvent Representative by soliciting or otherwise doing business with: (a) any customer or prospective customer who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement; or (b) any sub-agent of Representative who Distributor learned of or who Representative introduced to Distributor pursuant to this Agreement.