Soliciting Customers definition
Soliciting Customers means that a Participant or an Affiliate of a Participant (a) solicits or attempts to solicit any customer or prospect of the Company with whom the Participant had Material Contact with a view toward the sale or provision of any product, technology, software, or service that is competitive with, or is a substitute for, any product, technology, software, or service offered by the Company or under development by the Company or (b) offers any inducement to any of the Company’s customers with whom the Participant had Material Contact during Participant’s employment with the Company to terminate such customer’s relationship with the Company, during the time such Participant performs services for the Company, its parent, or a subsidiary and the twelve (12) month period which commences on the Effective Date of Termination. For purposes of this definition, “Material Contact” with a person or entity means that the means that the affected Participant worked with, supervised the Company’s dealings with, obtained confidential information from, performed any act or service resulting in payment from, or took any other action which advanced the business relationship between the Company and such person or entity.
Examples of Soliciting Customers in a sentence
Employee certifies, represents and warrants that he is in compliance with, and will continue to comply with, all of the terms of the Employment Agreement, including without limitation, the provisions of Section 8 (Work Product/Trade Secrets) and Section 9 (Soliciting Customers After Termination of Employment; Covenant Not to Compete) of the Employment Agreement.