Our Policy as adopted 11-01-2008 as it relates to Non-Circumvention is as follows:
In consideration of and for the mutual benefits expected to be gained by being a Principal, Advisor, Manager or Provider (Member) of Clear Vision Advisors each and all of the Members are mutually desirous of entering into multiple and various business transactions in cooperation with and in competition with each other for their individual and / or mutual benefit.
It is therefore understood and the intention of this Policy is mutually accepted by Members of Clear Vision Advisors that:
Members are not to directly or indirectly circumvent other Members individually or to do so to another Member’s deal, transaction, consultative activity or other product or service being provided or being pitched to be provided, to a client or prospective client (individual, corporation, partnerships, proprietorships, trusts, or other entity) by another Member.
It is understood that a Member cannot be adjudged to be in violation of this Policy when the presumed violation is involuntary due to situations beyond the Member’s control. Some evident examples are Acts of God, civil disturbances, theft, or prior knowledge or possession of privileged information without intervention, introduction or assistance of another Member. In the case of prior knowledge or possession of information regarding a specific client or project, Members should quickly inform each other of this case and mutually resolve the situation or circumstance in a mutually acceptable manner.
Any controversy or claim arising out of or relating to a deal, transaction, consultative activity or other product or service covered by this Policy, or any breach thereof, which is not settled between the Members themselves, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, Which procedure and dealings shall take place in Northern California, or any other mutually agreed location. The judgment of an award by the Arbitrator(s) is to be final and binding.
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