MUTUAL NON-CIRCUMVENTION &
NON-DISCLOSURE AGREEMENT
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The signatories to this agreement are: Page 1 of 3
Alternative Funding Lenders Inc. (“AFL”) and,
NAME _____________________________________________
COMPANY NAME _____________________________________________
ADDRESS _____________________________________________
CITY, STATE _______________________________ Zip__________
TELEPHONE/CELL _____________________________________________
FAX/EMAIL ADDRESS _____________________________________________
hereafter referred to as the (“signatory”) including any entity or person that is now currently or in the future associated
with the signatory.
This agreement is a reciprocal one between the signatories and where the following paragraphs mention the rights
that AFL has as the introducing party, they also apply as well to the signatory where the signatory is the introducing
party. This agreement is binding upon the signatories hereto and their respective heirs, assigns, and successors.
Whereas, AFL is engaged in the business of financial services consulting, including making sources, lenders, investors,
brokers, and/or clients available to applicants and brokers, including but not limited to the arranging of funding, loans,
financing, contracts, consulting services and representation, and whereas it is agreed that the signatory desires such
services from AFL and Whereas, it is normally required to make valuable confidential disclosures by each signatory hereof
to each other in order to realize and/or complete the transactions indicated above; and therefore, the signatories agree to
and abide by the following terms and condition
1. For a period of Five (5) years from the date of this agreement, the signatory and AFL agree to not make any contact
with, solicit or otherwise be involved in any transaction(s) with regard to any source, lender, investor, broker, and/or client
that AFL introduces to the signatory or that the signatory introduces to AFL, without the express written permission of
the introducing signatory. It is agreed that the identity of any source, lender, investor, broker, and/or client introduced by
either of the signatories to the other is the property of the introducing signatory unless the other signatory proves that they
have had prior business involvement and written communication with said source, lender, investor, broker, or client. This
applies to all transaction(s) entertained by the signatories hereto, including subsequent, follow-up, repeat, extended, or
renegotiated transaction(s) as well as the initial transaction(s), and any future transactions, regardless of the success of the
project. After the Five (5) year period, in the event that either signatory, entity or person associated with that signatory,
does contact any source, lender, investor, broker, and/or client of the original introducing signatory and is able to secure
funding for or to such a party, then that signatory agrees to pay the original introducing signatory Fifty (50%) percent of all
consulting fees and/or commission earned by the signatory which resulted from such a transaction. This fee shall be paid
simultaneously with the receipt of the proceeds of the funding of said transaction. Initials___
Page 2 of 3
2. The signatory hereby agrees to hold in confidence and not disclose in any manner whatsoever, any of the
confidential, proprietary information, including the names, phone numbers, fax numbers, email and other
addresses, etc. of any source, lender, investor, broker, and/or client that AFL introduces to the signatory. Neither
signatory will disclose any Confidential Information of the other signatory to third parties except those directors,
officers, employees, consultants and agents who are required to have the information in order to carry out the
discussions of the contemplated business.
Each signatory has had or will have those directors, officers, employees, consultants and agents to whom Confidential
Information of the other signatory is disclosed or who have access to Confidential Information of the other signatory sign a
Non-Disclosure Agreement in content substantially similar to this Agreement and will promptly notify the other signatory
in writing of the names of each such person who has signed such agreements after such agreements are signed. Each
signatory agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of
Confidential Information of the other signatory in order to prevent it from falling into the public domain or the possession
of persons other than those persons authorized hereunder to have any such information, which measures shall include the
highest degree of care that either signatory utilizes to protect its own Confidential Information of a similar nature. If it is
determined that any of the signatories has violated this agreement, the signatory in violation Agrees to reimburse the other
signatory, its assignee, or designee “DOUBLE” the full amount it would have received had it been involved with the
transaction, plus court costs and attorney’s fees deemed fair by the court, regardless if the signatory in violation would have
received any fees, commissions, payment or funding
3. The Signatory hereby agrees that any “Trade Secret, Copyright, or other Confidential Information” deemed to be a
“Trade secret” as defined under the Economic Espionage Act of 1996 (”the Act”) shall take ALL Reasonable steps to keep
such information Confidential!
For a period of Five (5) years from the date of this agreement, the signatory Agrees That to Submit Loan Requests as
(________________________________________________________________________)
/Co:Name to AFLINC for Funding,
I, __________________________________
Name: WILL BE Direct to the Borrower, and Under NO Circumstance receive
Borrower Information from any “Other Broker , Consultant, Referrer, Attorney, OR Finder.!
AFLINC Does Not Tolerate Joker/Broker Chains!!
IF James Keefer AFLINC, Finds You have Violated this Addendum to Said NCA , and there is 1 other Broker Involved,
(………..You Agree to FORFEIT YOUR FULL Success Fee per (Fee Agreement ) for Said Loan , as Damages ,
Payable to James Keefer/AFLINC!!!
In Addition You will Be FOREVER BARRED from Ever Submitting to AFLINC again! _ ______Initial
4. This agreement contains the entire agreement and understanding concerning the subject matter hereof and supersedes
and replaces all prior negotiations and proposed agreements, written or oral. In the event that any one or more of the
provisions of this agreement shall, for any reason, be held to be invalid, illegal, or unenforceable, the remainder of this
agreement shall not be affected thereby. Neither of the signatories may alter, amend, or modify this agreement except by an
instrument in writing signed by either signatories,or their duly authorized representatives.
5. By our signatures, we confirm that we have full authority to execute this agreement and obligate any company, firm,
corporation, partnership, organization, individual, and/or entity referenced herein. Signed facsimile transmissions of this
document shall be considered an original of the document, and shall have the same effect and force as signed hard-
copy originals of the document. It shall be binding and legally enforceable as any full recourse commercial contract.
This agreement will be governed and construed in accordance with the laws of the State of Arkansas(USA).
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Neither of the signatories may alter, amend, or modify this agreement except by an instrument in writing signed by
both of the signatories, or their duly authorized representatives. ______Initial
We also confirm and Agree that ANY and ALL correspondence will be thru AFLInc. and that NO Client , Attorney, OR
Broker will contact any AFL Inc. Private Lender, directly, OR indirectly without first obtaining Permission from AFL Inc.'s
representative, Jim Keefer!
______Initial
I/We, the undersigned, guarantee the aforesaid MUTUAL NON-CIRCUMVENTION AND NON-DISCLOSURE
AGREEMENT and agree to be bound by this agreement.
Executed on this __________________ day of ____________________________, 2020
ACCEPTED BY SIGNATORY: ACCEPTED BY:
Alternative Funding Lenders Inc.
___________________________________ Financial Consultant
Company Name
El Dorado, Arkansas 71730
___________________________________ Phone (501)-762-0180
Printed Name, Title
email:
[email protected]___________________________________ _________________________
Signature James F. Keefer, Managing Director
TIME IS OF THE ESSENCE!
PLEASE EXECUTE, AND RETURN THIS AGREEMENT, via FAX, WITHIN 48 HOURS OF
RECEIPT, HEREIN!
© JFK