My recommendation: Get an attorney's opinion.. don't sign anything until then...
-----Original Message----- From: Action Request System discussion list(ARSList) [mailto:arslist@ARSLIST.ORG] On Behalf Of pritch Sent: Thursday, August 01, 2013 2:46 PM To: arslist@ARSLIST.ORG Subject: Re: Recruiters Odd NDA Sounds like more of a "non-compete" to me. it would be up to the 'company' to prove that they 'introduced' you to their 'customer'. As LJ said, it's more to prevent someone from pulling business away from the 'company'. Of course this opinion is neither an endorsement or refusal by the author and is not to be interpreted as that of the 'company' or other persons that have dealings with the author (in other words, I'm not a lawyer either so make your own decision on signing or not signing). pritch ----- Original Message ----- From: "Lj Longwing" <llongw...@usgs.gov> To: arslist@ARSLIST.ORG Sent: Thursday, August 1, 2013 3:21:08 PM Subject: Re: Recruiters Odd NDA ** I understand the 'reason' behind the NDA....and it's not really an NDA...more of a contract....the wording of it is a bit harsh...but basically they have probably been bitten before with bringing a person to a prospective client, and then had that consultant go directly to the customer and get hired, removing them from the mix, and cutting out their 'cut' of the money....the part that is 'limiting' in their power on this seems to be the part that Lisa latched onto of 'Introduced by the Company'....so basically, this is limiting their power to not be all companies that they do business with, but companies that you came to, as part of your relationship with 'the Company'....while I'm not lawyer, I don't see anything all that harmful in this contract. On Thu, Aug 1, 2013 at 1:15 PM, Kemes, Lisa A DLA CTR INFORMATION OPERATIONS < lisa.kemes....@dla.mil > wrote: Yikes, what the heck does "introduced by the Company" mean? That sounds really vague. I didn't have anything like that in my offer letter. -----Original Message----- From: Action Request System discussion list(ARSList) [mailto: arslist@ARSLIST.ORG ] On Behalf Of Scott Hallenger Sent: Thursday, August 01, 2013 3:08 PM To: arslist@ARSLIST.ORG Subject: Recruiters Odd NDA ** I've been goig back and fourth with a recruiter on a position that is totally remote. Mind you I have no hire letter, and have had no interview thus far, and this all started today. I dont know this guy from adam. Below is what he sends me in his NDA doc. Sorry but I refused to sign his doc which he tried to pressure me into signing like a car salesman or something. Did I over react? 1. During the period when Name_Less, Inc. (the “Company”) is marketing your skills and for a period of 3 months thereafter, you shall not directly or indirectly solicit the business of (or otherwise deal in a manner adverse to the Company with) or provide any software engineering, consulting or programming services to any customer or prospective customer of the Company where you are introduced by the Company. Furthermore, during the course of Evaluatory interviews and other meetings that the Company organizes between you and its customers or prospective customers, you agree that you will not offer your services directly or indirectly to (or otherwise deal in a manner adverse to the Company with) the Customers or prospective customers of the Company. 2. In the event that you breach the provisions of this Agreement, you agree to pay the Company as liquidated damages and not as a penalty a further sum of US Dollars Ten Thousand. You acknowledge that liquidated damages in such amount is reasonable under the circumstances in light of the fact that significant damages and expenses will be suffered or incurred by the Company _ARSlist: "Where the Answers Are" and have been for 20 years_ _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the Answers Are, and have been for 20 years" _ARSlist: "Where the Answers Are" and have been for 20 years_ _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the Answers Are, and have been for 20 years" _______________________________________________________________________________ UNSUBSCRIBE or access ARSlist Archives at www.arslist.org "Where the Answers Are, and have been for 20 years"
