The standard Employment Agreement for marketing professionals structures an employment relationship favoring employer control of employee sales activities. Sales activities in the scope of employment include contacting customers, software demonstrations, drafting proposals, presentations, tradeshows and other marketing activities. Employee obligations also include a best efforts representation, schedules established by employer and compliance with employer policies and procedures. Termination requires ten-day notice, except employer termination for cause. Compensation includes references to salary, commissions and bonus (as approved by President of employer). Expense reimbursement, paid leave and benefit plans are also referenced. Noncompete, employee pirating and customer solicitation restrictions apply during the employment term and for two years thereafter. Ownership of the primary technology asset (i.e. the software) is clearly established with particularity. Employee use, removal and disclosure of the asset is restricted. The definition of confidential information is broad and all such information is an acknowledged trade secret. You can find answers to your questions using our extensive library of audio questions and answers.
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