Fill and Sign the Agreement Obligations Form

Agreement and Acknowledgement by of Obligations to Employer and Customer Agreement made on the _____________________ (date) , between ______________________ (Name of Employee) of ___________________________ ______________________________________________________________________ (street address, city, state, zip code) , referred to herein as Employee , and ________________________ (Name of Employer) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at _____________________________________________________________ ______________________________ (street address, city, state, zip code) , referred to herein as Employer . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Employee acknowledges and agrees that this Agreement is a part of Employee's employment agreement with Employer. This Agreement is a condition precedent to commencing and/or continued employment with Employer notwithstanding the date this Agreement is executed. The payment of compensation to Employee from Employer is in part caused by and in consideration of this Agreement. 2. As used herein, Customer shall mean any person, organization or entity to whose offices or sites Employee is assigned by Employer to perform services, or any person, organization or entity from whom Customer or Employee obtains information. Information shall mean any information, knowledge or data (in whatever media or form) relating to plans, specifications, proprietary property (including confidential information and trade secrets), documents, inventions, methods, processes, products or operations of Customer or its clients, or Employer (exclusive of information which Employee can show is in the public domain through no wrongful act of Employee). Employment shall include employment for wages, salary or any other form of compensation. 3. Employee recognizes that employment with Employer and Employee's assignment to Customer will permit Employee to have access to proprietary property and information of Customer and their client's, as well as proprietary information and property of Employer. Employee acknowledges that such information is the sole property of Customer or its client, and/or Employer, and any unauthorized use or disclosure of such information is prohibited. 4. Employee has been advised of the following: A. That Employer may obtain a reference check on Employee for employment purposes. B. The reference check, also referred to as an investigative consumer report , may include information about Employee’s character, general reputation, personal characteristics, and mode of living, whichever are applicable. C. The Fair Credit Reporting Act provides Employee with the right to request, in writing within a reasonable amount of time, a disclosure of the nature and the scope of the investigative report. The disclosure shall be made in writing and mailed, or otherwise delivered to Employee no later than 5 days after the date on which Employee’s request is received – or 5 days after the date on which the report was first requested, whichever is later. This can be obtained at no charge. D. Employee may also request a Summary of Your Consumer Rights under the Fair Credit Reporting Act as prepared by the Federal Trade Commission. This can be obtained at no charge. To obtain a disclosure of the nature and the scope of the investigative report, Employee has been requested to provide Employer with a written request. E. To obtain a Summary of Your Consumer Rights, Employee simply needs to let Employer know that he would like a copy. 5. Employee agrees to submit to a Substance Abuse screening and Background Investigation as required by Customer, to be eligible to work on assignment at Customer. Furthermore, Employee authorizes Customer or Employer to perform additional Background Investigations every 3 years while on assignment at Customer. 6. Employee agrees to not disclose or use, directly or indirectly, at any time, any Information as above defined, unless such disclosure or use is in the course of and strictly limited to the Employee's assignment, or is otherwise expressly authorized in writing by an appropriate representative of Customer or Employer. Employee shall not remove any information (in whatever media or form) from the premises or possession of the Customer, Customer's client, or Employer, unless Employee has obtained express authorization in writing from Customer or Employer to do so. 7. Employee recognizes that Employee, during the term of any assignment to Customer, may make, solely or with others, inventions, ideas, discoveries or improvements (all of which are hereby assigned in full to Customer by Employee). Any and all inventions, discoveries and improvements which Employee discovers or makes during the term of any assignment to a Customer, in any way relating to the business or project of that Customer or arising out of or resulting from such assignment, shall be the sole and exclusive property of that Customer or its nominee. Employee shall promptly advise such Customer of any such invention, discovery, or improvement and whenever requested by such Customer or Employer, Employee shall without further compensation promptly execute any and all documents or instructions which such Customer or Employer may deem necessary to assign and convey to Customer, its successors or assigns, all the right, title and interest in and to such inventions, discoveries or improvements, and Letters Patent for the same, or such other interest therein as Employee may acquire, together with all other documents and instructions deemed necessary by such Customer or Employer to apply for and obtain Letters Patent of the United States or other foreign countries, it being understood and agreed that all expense incident to the securing of such applications and Letters Patent shall be borne by such Customer. Employee understands and agrees that such obligation to execute such instructions shall continue after the terms of Employee's assignment with such Customer or employment with Employer is terminated for any reason. 8. With respect to information directly or indirectly disclosed to Employee by Customer or Employer, and to inventions, discoveries and improvements discovered or made by Employee while working in any of Employer's offices and not on assignment to a Customer, the provisions set forth above shall be applicable to the same extent as if Employer were a Customer. 9. All terms and conditions of this Agreement shall be effective as of the date of employment of Employee or commencement of work on assignment, whichever is earlier, and shall remain effective and survive notwithstanding Employee's termination of employment with Employer or the termination or expiration of an assignment with Customer, insofar as such rights and obligations arise during such employment and/or assignment. 10. Employee shall keep in confidence all proprietary information of Customer and Employer, and use or disclose the same only as per this Agreement. Any and all assignments, services or work performed by Employee shall be deemed work made for hire . 11. Employee shall not produce or write any code, programming instruction, or set of instructions that is intentionally constructed with the ability to damage, interfere with, or otherwise adversely affect computer programming code, data files or hardware of Customer, Customer’s client, or Employer. 12. Employee shall be appropriately dressed at all times. Employee shall comply with the dress code that is consistent with and conforms to the type of clothing worn in the work area where the Employee is assigned. Employee will follow smoking guidelines for each location where services are performed. There will be no use of nameplates or signs, except as specifically permitted by Customer. 13. Employee will at all times comply with Customer or Customer client's location security requirements. Access to Customer or Customer client's premises for Employee working during non-regular hours (overtime, weekends, and holidays) must be coordinated ahead of time with the Customer or client. 14. Employee will protect Customer and Customer client's proprietary and confidential information, nonproprietary information, licensed program products, and pilferable items by securing said material in lockable equipment at the close of each day, and will not leave these items unattended during the normal business day. A locked door is not considered adequate security. All lockable furniture and equipment shall be locked at the end of each day or before leaving the facility. Employee is to logoff all terminals and personal computers, and secure the area when not attended. No proprietary and/or confidential information will be removed from Employer, Customer or Customer client's premises without the prior written approval of Customer. 15. Employee will not engage in inappropriate conduct while on Customer, or Customer client's premises. Inappropriate conduct includes, but is not limited to: being under the influence or affected by alcohol, illegal drugs, or controlled substances; the manufacture, use, distribution, sale or possession of alcohol, illegal drugs, or controlled substances, except for approved medical purposes; the possession of a weapon of any sort; and/or harassment, threats or violent behavior. 16. Employee will refrain from any sexual harassment, and will further adhere to and comply with any and all policies and procedures of Customer or Customer's client relating to sexual harassment. Employee acknowledges having read and understood the Customer's notice on sexual harassment. 17. If provided a telephone while performing services for Customer, use of said telephone will be for Customer-related business only. Employee will be liable for all costs of any and all unauthorized use. Employee will use Customer or Customer client's internal mail systems for Customer-related business only. Employee shall not use Customer or Customer client's facilities in support of any general or personal activities not directly related to Employee's assignment. Employee agrees to not use any cellular telephone, two-way radio, or similar device on any Customer premises without the prior written approval of Customer. 18. Employee shall not make or offer any gratuity or gift of any kind to Customer's employees or their families that could be viewed as relating to an actual or potential business relationship with Customer. 19. This Agreement is for the benefit of and enforceable by Employer and/or Customer. Any and all legal and equitable remedies are available to and may be sought by such party or parties, including specific performance and injunctive relief all remedies are deemed cumulative. This Agreement can only be amended or modified by a written agreement signed by an expressly authorized representative of Employer. This Agreement shall be in addition to any other agreement between Employee and Employer, and shall supersede any and all conflicting terms and conditions of such other agreement(s). 20. This Agreement does not constitute any contract of employment of any sort between Employee and Customer. This Agreement does not confer any rights by license or otherwise in any intellectual or proprietary property to which the Employee may have access. WITNESS our signatures as of the day and date first above stated. __________________________ (Name of Employer) ________________________ By:_________________________ (P rinted Name of Employee ) __________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Employee) __________________________ (Signature of Officer)