Revised Restrictive Agreement August 2022
Revised Restrictive Agreement August 2022
As an employee of FOCUS GLOBAL, INC. (“the Company”), I am expected to protect the Company’s
rights to proprietary and confidential information. Thus, I agree not to engage in any of the following
activities:
Proprietary information connotes any information or material, relating to the Company’s business such
as:
Trade Secrets – valuable proprietary information that helps sell products or increase revenues or profits,
such as customer and supplier listings, marketing/sales strategies, sales forecast figures and
analyses, costing and price lists, product lists, manufacturing processes, blueprints and drawings.
Company Information – all kinds of contracts, documents, personnel files, payroll records, IT records,
software systems, manner of operations and processes, financial analyses, budget and other data
for company use.
I shall not at any time, during my employment with the Company and after I cease to be employed by the
Company, in any manner, either directly or indirectly, divulge, disclose, communicate to any person, firm,
corporation or other entity, and except in connection with my work, copy nor make notes of or allow the
use by others of whatsoever information concerning any matters affecting or relating to the business of
my employer including without limitation the above mentioned trade secrets, company information or
other data without regard to whether all of the above-stated matters will be deemed confidential,
material, or important. The Company and I specifically and expressly stipulate that such matters are
important, material, and confidential and gravely affect the effective and successful conduct of the
business of the Company, and the Company’s goodwill.
Moreover, I recognize that all documents, materials and other tangible property relating in any way to the
Company’s business shall be and remain the exclusive property of the Company.
Due to the significance of information under my responsibility which can affect the Company’s
operations, I agree and covenant not to engage in Prohibited Activity during the Restricted Period.
“Restricted Period” means the period of my engagement with the Company until twelve (12) months
immediately following the termination of my engagement with the Company, regardless of the reason for
the termination, whether voluntary or involuntary.
C. SOLICITING OF PERSONNEL
I understand and acknowledge that the Company has expended and continues to expend significant
time and expense in recruiting and training its personnel and that the loss of personnel would cause
significant and irreparable harm to the Company. I agree and covenant not to directly or indirectly solicit,
hire, recruit, or attempt to solicit, hire, or recruit, any personnel of the Company in the twenty-four (24)
months preceding the last active day of my engagement or induce the termination of engagement of any
employee, regardless of the reason for the termination, whether voluntary or involuntary during the
Restricted Period.
This non-solicitation provision explicitly covers all forms of oral, written, or electronic communication,
including, but not limited to, communications by email, regular mail, express mail, telephone, fax, instant
message, and social media, whether or not in existence at the time of entering into this Agreement.
However, it will not be deemed a violation of this Agreement if I merely update my LinkedIn profile or
connect with an employee on any social media platform without engaging in any other substantive
communication, by social media or otherwise, that is prohibited by this non-solicitation provision.
Finally, I will call management’s attention to any possible violation/s of the above provisions by my
co-employees.
I acknowledge that the Company’s Confidential Information and the Company’s ability to reserve it for
the exclusive knowledge and use of Focus Global Inc. is of great competitive importance and
commercial value to the Company, and that my improper use or disclosure of the Confidential
Information will cause irreparable harm to the Company, for which remedies at law will not be adequate.
In the event of a breach or threatened breach of any of the provisions of this Agreement, I hereby
consent and agree that the Company shall be entitled to seek, in addition to other available remedies, a
temporary or permanent injunction or other equitable relief against such breach or threatened breach
from any court of competent jurisdiction, without the necessity of showing any actual damages or that
monetary damages would not afford an adequate remedy, and without the necessity of posting any bond
or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal
remedies, monetary damages, or other available forms of relief.
The Company also has the prerogative to impose the appropriate disciplinary action prescribed by its
rules and regulations in accordance with law.
I further agree that in the event that a court of competent jurisdiction holds any provision of this
agreement invalid, such provision shall be considered separate from the remainder of this agreement
which shall remain in full force and effect. Furthermore, such provision shall be deemed amended to
narrow its scope to the applicable law and enforced as amended.
The Company’s waiver or failure to enforce any provision of this Agreement shall not constitute a waiver
of its rights with respect to any other provision of this agreement.
_____________________________________ _______________________
PRINTED NAME / SIGNATURE DATE
REPUBLIC OF THE PHILIPPINES )
ACKNOWLEDGEMENT
Before me, a Notary Public, in and for the City of _____________________, Metro Manila, on the
______ day of _______________________, 2022 personally appeared the following:
known to me and to be the same person who executed the foregoing agreement and acknowledged to
me that the same is her free and voluntary act and deed.
In witness whereof, I have hereunto affixed my signature and notarial seal on the date and place first
above written.