ITS
OFFICERS AND AGENTS (INCLUDING COMPANY ATTORNEYS OR ACCOUNTANTS) OR AS
REASONABLY REQUIRED IN CONNECTION WITH EXECUTIVE'S DUTIES ON BEHALF OF THE
COMPANY, OR USE, EXCEPT ON BEHALF OF THE COMPANY, ANY CONFIDENTIAL INFORMATION
ACQUIRED BY EXECUTIVE DURING HER EMPLOYMENT.
EXECUTIVE AGREES THAT HER
CONFIDENTIALITY OBLIGATION APPLIES TO ALL CONFIDENTIAL INFORMATION SHE HAS
6
RECEIVED, LEARNED OR ACCESSED, NO MATTER WHEN SHE ACCESSED, LEARNED OR RECEIVED
SUCH INFORMATION.
EXECUTIVE FURTHER AGREES THAT EXECUTIVE WILL NOT, AT ANY TIME
AFTER HER EMPLOYMENT HAS ENDED (FOR WHATEVER REASON), USE OR DIVULGE TO ANY
PERSON DIRECTLY OR INDIRECTLY ANY CONFIDENTIAL INFORMATION, OR USE ANY
CONFIDENTIAL INFORMATION IN SUBSEQUENT EMPLOYMENT OF ANY NATURE.
IF EXECUTIVE
IS SUBPOENAED, OR IS OTHERWISE REQUIRED BY LAW TO TESTIFY CONCERNING
CONFIDENTIAL INFORMATION, EXECUTIVE AGREES TO IMMEDIATELY NOTIFY COMPANY UPON
RECEIPT OF A SUBPOENA, OR UPON BELIEF THAT SUCH TESTIMONY SHALL BE REQUIRED.
EXECUTIVE SHALL NOT COPY OR REMOVE FROM THE COMPANY'S PLACES OF BUSINESS ANY OF
THE OF THE COMPANY'S DOCUMENTS, MATERIALS OR ITEMS CONTAINING CONFIDENTIAL
INFORMATION EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE COMPANY OR IN THE
NORMAL COURSE OF EMPLOYMENT.
8.
NON-INTERFERENCE OR SOLICITATION.
EXECUTIVE AGREES THAT DURING
THE EMPLOYMENT PERIOD, AND FOR A PERIOD OF SIX (6) MONTHS FOLLOWING THE
TERMINATION OF HER EMPLOYMENT (FOR WHATEVER REASON), THAT EXECUTIVE SHALL NOT
KNOWINGLY, DIRECTLY OR INDIRECTLY, INDUCE, SOLICIT, OR ATTEMPT TO PERSUADE,
DIRECTLY OR INDIRECTLY, (1) ANY FORMER, CURRENT OR FUTURE EMPLOYEE, AGENT,
CONTRACTOR, MANAGER, CONSULTANT, DIRECTOR OR OTHER PARTICIPANT IN THE COMPANY,
OR (2) ANY PERSON WHO HAS PURCHASED A PROGRAM OR PRODUCT OF THE COMPANY DURING
THE TERM OF THIS AGREEMENT, OR (3) ANY PERSON OR ENTITY WHO HAS COLLABORATED OR
WAS AFFILIATED WITH THE COMPANY DURING THE TERM OF THIS AGREEMENT, (ALL THE
FOREGOING THREE GROUPS BEING COLLECTIVELY REFERRED TO HEREIN AS "PARTICIPANT")
TO ENTER INTO ANY BUSINESS RELATIONSHIP WITH EXECUTIVE, EXCEPT FOR THE BENEFIT
OF THE COMPANY, OR ANY BUSINESS ORGANIZATION IN WHICH EXECUTIVE IS INVOLVED OR
WHICH IS IN COMPETITION WITH THE RESTRICTED BUSINESS.
IN ADDITION, DURING THE
EMPLOYMENT PERIOD AND FOR A PERIOD OF SIX (6) MONTHS FOLLOWING THE TERMINATION
OF HER EMPLOYMENT (FOR WHATEVER REASON), EXECUTIVE SHALL NOT (1) DIRECTLY OR
INDIRECTLY CONTACT ANY PERSON OR ENTITY HAVING A RELATIONSHIP (AS DEFINED BELOW)
WITH THE COMPANY OR DISCLOSED BY THE COMPANY TO EXECUTIVE FOR THE PURPOSE OF
TAKING ADVANTAGE OF A BUSINESS OPPORTUNITY TO THE DETRIMENT OF THE COMPANY, (2)
OTHERWISE CIRCUMVENT A RELATIONSHIP WITH THE COMPANY OR, TO THE DETRIMENT OF THE
COMPANY, ESTABLISH A RELATIONSHIP WITH A PARTY WITH WHOM THE COMPANY HAS A
RELATIONSHIP, OR (3) SEEK TO ESTABLISH ANY RIGHTS, INCLUDING BUT NOT LIMITED TO
INTELLECTUAL PROPERTY RIGHTS, ANYWHERE IN THE WORLD IN CONFLICT WITH ANY
INTELLECTUAL PROPERTY RIGHTS RELATED TO WORK PRODUCT.
FOR PURPOSES OF THIS AGREEMENT, THE TERM "RESTRICTED BUSINESS" SHALL MEAN THE
AREA OF BUSINESS DEALING WITH PROVIDING TELEMARKETING, AND SEMINAR PRODUCTS,
WORKSHOPS, AND SELF-STUDY PROGRAMS, ALL RELATING TO STOCKS AND STOCK MARKET
INVESTING INFORMATION AND ANALYSIS, AS WELL AS