TERMINATION Either party may terminate the Contractor’s engagement at any time by giving the other 1 weeks’ notice in writing, and the Company may terminate the Contractor’s engagement without notice in the first 4 weeks if the Contractor fails or refuses to provide the services or fails to represent the company brand with the standard of care, diligence and skill required. On termination (or earlier on demand), the Contractor will continue getting paid monthly trail commissions for services sold, however will deliver to the Company all Company property including all Confidential Information (including copies of any Confidential Information) and all documents in its possession or control, and the Company may withhold payment of any monies owing to the Contractor on the termination until the Contractor has complied with provisions of this clause. COMMISSIONS. The contractor will be paid on the condition of referred clients being up to date on invoices. Unpaid invoices will result in all work ceasing until the services are paid in full. If the client discontinues any services for any reason the recurring commissions will cease and outstanding balances will be referred to a collections agency on a case by case basis if the client refuses to finalise payment for services rendered. RESTRAINT DURING THE CONTRACTING PERIOD 12.1 Without the prior consent of the Company, the Contractor must not during the Contractor’s employment by the Company: a) Act as an officer or Contractor of, or as a consultant or adviser to any other corporation, firm or person that is competitive in nature to the Company. b) Take up any other position with any other corporation, firm or person that is competitive in nature to the Company. c) Hold any shares or securities which create or may create a conflict between the interests of the Company and the interests of the Contractor. d) Utilise contacts made during the contractors employment for personal business or commercial gains outside of the financial interests of the Company. e) Offer additional services to existing or past clients of the Company that exclude a financial transaction through the Company. RESTRAINT AFTER CONTRACTING PERIOD The Company has invested a substantial amount of time and effort to develop business relationships with its Clients. To protect the Company’s goodwill, the Contractor agrees that he/she will not in any Capacity (directly or indirectly) after the termination (including registration) of the Employment, on his own account or for any other person, firm, Company or business: I. Solicit, entice away, interfere or endeavour to solicit, entice away or interfere with any clients of the Company; or II. Employ, engage, solicit or entice away or endeavour to employ, engage, solicit or entice away from the Company any Contractor or Employee of the Company. III. Publish or communicate in any form to any audience, negative publicity about the company, directors and contractors. IV. Use any of the copyright sales or marketing material produced and supplied by Kick Media including similar or rewritten material that resembles Kick Media intellectual property. MUTUAL INDEMNIFICATION: Both parties will, at their own expense, defend, indemnify, and hold the other, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement. NO DISPARAGEMENT OR MISAPPROPRIATION At no time (i.e., indefinitely) following the signing of this agreement shall the Client make any statements online or offline, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of the Agency or commit any other action that could likely injure, hinder or interfere with the Agency’s business, business relationships or the Goodwill of the Agency.