Noncompetition clause in the Affiliate Agreement (fine print inside)

[kush]

What do you guys think, does interpreting this in a broad sense mean that you can't promote other affiliate programs in a competing niche?

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"(d) Noncompetition. During the term of this Agreement and six months after termination of this Agreement, Affiliate shall not enter into any agree to provide or provide services similar to the services Affiliate is providing under this Agreement with a person or entity offering services and products similar to those offered by any Advertiser which accepted Affiliate into its program. The six month time period stated above shall be suspended during each period of time in which Affiliate is in breach under this Section. BGM further reserves the right to reduce the scope of the obligations under the restrictive covenants in this section unilaterally and without the consent of any other person or entity, effective upon giving notice thereof. The provisions of this Section constitute separate and distinct covenants on the part of Affiliate. The restrictions set forth in this Section shall be deemed severable and the invalidity or unenforceability of any restriction shall not affect the validity or enforceability of any of the other restrictions of this Section or any other provisions of this Agreement. If any court or arbitrator of competent jurisdiction determines that any restriction under this Section is unreasonable in scope, duration or geographic area or is unenforceable under applicable law, BGM and Affiliate agree that the court or arbitrator shall rewrite, strike or eliminate the portion of such restriction that is unreasonable or unenforceable, in which event the remaining portions of such restriction shall continue in force and effect. In the event of any breach by Affiliate of the terms and conditions of this Agreement, including this Section, BGM shall have the right, among any other rights or remedies at law or in equity, to seek and receive injunctive relief to restrain Affiliate from continuing with such breach. As the BGM?s and Affiliate?s business is primarily conducted over the internet, Affiliate acknowledges that the geographical scope and other restrictive covenants of this noncompetition provision are fair, reasonable and necessary to protect BGM?s and Advertiser?s legitimate interests and investment in its business. Affiliate represents and warrants that Affiliate?s experience and skills are such that the restrictive covenants set forth in this Agreement, including this Section, will not prevent Affiliate from earning as a business person an adequate livelihood for Affiliate and those dependent upon Affiliate should such restrictive covenants be specifically enforced against Affiliate."

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[Kimmykim]

Sounds to me like they're just looking for a way to try not to pay. There is no way that the affiliate/web program relationship constitutes anything that would lend itself to a non-compete clause unless it was completely re-worked from the usual.

[96ukssob]

Originally Posted by Kimmykim

Sounds to me like they're just looking for a way to try not to pay. There is no way that the affiliate/web program relationship constitutes anything that would lend itself to a non-compete clause unless it was completely re-worked from the usual.

i would back away real quick from that

[baddog]

I would have to move on unless they brought in more income than all other networks you deal with combined.

[V_RocKs]

The only thing I can think of for that to be in there is perhaps you are pushing one of their advertisers products to the tune of $25,000 a month in sales. Then you switch to another programs advertiser. They have a non-compete. They don't want large shifts of revenue.

[INever]

Non competes are essentially not valid in California

[barcodes]