Customer Service Representative
Resume:
Mary Pohlgeers
Dear Mary,
Eye Style of America is pleased to present an offer of employment to you as a Customer Service Representative effective June 10th, 2024. The details of the offer, including the terms and conditions of your employment, are attached as Schedule “A.” and Schedule “B.” This letter, along with the enclosed schedules, outlines the obligations of both Eye Style of America Ltd. and yourself with respect to your employment conditions, and is governed by the laws of the State of Ohio without regard to any choice of law provisions. It details the terms and conditions of your employment with Eye Style of America Ltd. and will form an agreed upon employment contract with you once signed. Accepting employment will be conditional upon agreeing to and signing the attached copy of this letter and the attached Schedule(s), initialing each page in the right-hand corner, and returning it to Eye Style of America Ltd.
Sincerely,
Chris Hild, Recruiting Manager
Human Resources
Schedule A
Eye Style of America Ltd.
Terms and Conditions of Employment
The following outlines the terms and conditions of employment with Eye Style of America Ltd. Eye Style of America Ltd. reserves the right to change these terms and conditions as necessary, with due notice.
Title Customer Service Representative
Initial Reporting
Relationship
Sidney Wells
Responsibilities Your job responsibilities will include: Customer Care Representative
Supporting core business operations including supply chain, manufacturing, and customer service operations.
Supporting additional key operational components
Liaising with key external partners
Liaising with key internal partners
Other areas where needed.
While employed by Eye Style of America Ltd., you agree to work on a full-time basis exclusively for Eye Style of America Ltd. and agree that you shall not, while you are employed by Eye Style of America Ltd., be employed or engaged in any capacity, in promoting, undertaking or carrying on any other business that competes with Eye Style of America Ltd. or its parent company, Eyevious Style Inc. or interferes or could reasonably interfere with your duties at Eye Style of America. without our prior written permission.
Status Full-time, at will, non-exempt employee
Start Date June 10th, 2024
Salary $20.00 per hour
Vacation 3 Weeks
Benefits You shall be entitled to receive health benefits as part of your employment.
Payroll Schedule Your salary will be paid to you on a bi-weekly basis Policies and
Standards
During the period of your employment with Eye Style of America Ltd. you agree to be bound by policies and standards that are reasonably introduced by Eye Style of America Ltd. to ensure a safe, enjoyable working environment. It is agreed that the introduction and administration of these policies is within the sole discretion of Eye Style of America Ltd. and that these policies do not form a part of this Agreement. It is agreed that if Eye Style of America Ltd. introduces, amends, or deletes employment-related policies as conditions warrant that such introduction, deletion, or amendment does not constitute a breach of this Agreement. Confidentiality and
Intellectual
Property
Our offer of employment is conditional upon you agreeing to and abiding by the “Confidentiality and Proprietary Information Agreement.” Attached Schedule “B.”
Non-Solicitation You hereby agree that, while you are employed by Eye Style of America Ltd. and for twelve (12) months following the termination of your employment with Eye Style of America Ltd., you will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of, any Eye Style of America Ltd. or Eyevious Style Inc. employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer or supplier of Eye Style of America Ltd. or Eyevious Style Inc. in a manner that conflicts with or interferes in the business of Eye Style of America Ltd. or Eyevious Style Inc. as conducted with such customer or supplier. Representation You hereby represent and warrant to Eye Style of America Ltd. that you are not party to any written or oral agreement with any third party that would restrict your ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform your obligations hereunder and that you will not, by joining Eye Style of America Ltd., breach any 1.
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non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.
Changes to Duties
a n d / o r
Compensation
If your duties or compensation should change during your employment with Eye Style of America Ltd., the validity of our agreement will not be affected. In addition, if one or more of the provisions in our agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
Termination Eye Style of America Ltd. may terminate your employment at any time for any reason or no reason at all pursuant to applicable law. Schedule B
Employee Covenants
Confidentiality and Proprietary Information Agreement In consideration of employment as an employee of Eye Style of America Ltd. (the “ Company ”), the undersigned (the “ Participant ”) agrees, and covenants as follows: Employment with the Company as an employee (the “ Engagement ”) will give the Participant access to proprietary and confidential information belonging to the Company, its parent company Eyevious Style Inc. (the “ Parent ”), its customers, its suppliers and others (the proprietary and confidential information is collectively referred to in this Agreement as “ Confidential Information ”). Confidential Information includes but is not limited to business plans and strategies, marketing plans and strategies, customer lists, partner names, proposals, contracts, technical and/or financial information, databases, software, systems, technologies, prototypes, architectures, algorithms, data, methods, processes and know-how. All Confidential Information remains the confidential and proprietary information of the Company. As referred to herein, the “ Business of the Company ” shall relate to the development and application of consumer and consumer experience solutions, consumer style & style discovery solutions, consumer product discovery and recommendation solutions, product fit and suitability solutions, product sale and purchasing solutions, technology solutions, software solutions, algorithm and data solutions, and include platforms, infrastructure, databases, software, systems, technologies, prototypes, architectures, algorithms, data, methods, processes and know-how related to those solutions. In addition, the Business of the Company shall include any other business models, solutions, opportunities, initiatives, and priorities established by the Company from time to time. The Participant may in the course of the Engagement conceive, develop or contribute to material or information related to the Business of the Company, including, without limitation, technical documentation, ideas, inventions (whether or not patentable), know-how, marketing plans, business plans, designs, techniques, databases, hardware, software, systems, technologies, prototypes, architectures, algorithms, data, methods, processes, documentation and records, regardless of the form or media, if any, on which such is stored (referred to in this Agreement as “Proprietary Property
”). The Company shall exclusively own all Proprietary Property which the Participant conceives, develops or contributes to in the course of the Engagement and all intellectual and industrial property and other rights of any kind in or relating to the Proprietary Property, including but not limited to all copyright, patent, trade secret and trade-mark rights in or relating to the Proprietary Property. For greater certainty, the Participant hereby assigns to the Company all rights that the Participant may have or obtain in or to the Proprietary Property. Material or information conceived, developed, or contributed to by the Participant outside work hours shall also be Proprietary Property and be governed by this Agreement if such material or information relates to the Business of the Company. The Participant shall 4.
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keep full and accurate records accessible at all times to the Company relating to all Proprietary Property and shall promptly disclose and deliver to the Company all Proprietary Property. The Participant shall, both during and after the Engagement, keep all Confidential Information and Proprietary Property confidential and shall not use any of it except for the purpose of carrying out authorized activities on behalf of the Company. The Participant may, however, use or disclose Confidential Information which: is or becomes public other than through a breach of this Agreement; or is required to be disclosed by law, whether under an order of a court or government tribunal or other legal process, provided that Participant informs the Company of such requirement in sufficient time to allow the Company to avoid such disclosure by the Participant. The Participant shall return or destroy, as directed by the Company, Confidential Information and Proprietary Property to the Company upon request by the Company at any time. The Participant shall certify, by way of affidavit or statutory declaration, that all such Confidential Information and Proprietary Property has been returned or destroyed, as applicable.
The Participant covenants and agrees not to make any unauthorized use whatsoever of or to bring onto the Company’s premises for the purpose of making any unauthorized use whatsoever of any trade secrets, confidential information or proprietary property of any third party, including without limitation any trade-marks or copyrighted materials, during the course of the Engagement. The Participant agrees and represents that the Engagement and the execution of this Agreement do not and will not breach any agreement to which the Participant is currently a party, or which currently applies to the Participant. At the reasonable request and at the sole expense of the Company, the Participant shall do all reasonable acts necessary and sign all reasonable documentation necessary in order to ensure the Company’s ownership of the Proprietary Property and all intellectual and industrial property rights and other rights in the same, including but not limited to providing to the Company written assignments of all rights to the Company and any other documents required to enable the Company to document rights to and/or register patents, copyrights, trade-marks, industrial designs and such other protections as the Company considers advisable anywhere in the world. The Participant hereby irrevocably and unconditionally waives all moral rights the Participant may now or in the future have in any Proprietary Property. The Participant agrees that the Participant will, if requested from time to time by the Company, execute such further reasonable agreements as to confidentiality and proprietary rights as the Company’s investors, partners, customers or suppliers reasonably require to protect Confidential Information or Proprietary Property.
Regardless of any changes in position, salary or otherwise, including, without limitation, termination of the Engagement, unless otherwise stipulated pursuant to the terms hereof, the Participant will continue to be subject to each of the terms and conditions of this Agreement and any other(s) executed pursuant to the preceding paragraph.
The Participant agrees that the Participant’s sole and exclusive remedy for any breach of this Agreement or any other agreement by the Company will be limited to monetary damages and that the Participant will not make any claim in respect of any rights to or interest in any Confidential Information or Proprietary Property.
The Participant acknowledges that the services provided by the Participant to the Company are unique. The Participant further agrees that irreparable harm will be suffered by the Company in the event of the Participant’s breach or threatened breach of any of his or her obligations under this Agreement, and that the Company will be entitled to seek, in addition to any other rights and remedies that it may have at law or equity, a temporary or permanent injunction restraining the Participant from engaging in or continuing any such breach hereof. Any claims asserted by the Participant against the Company shall not constitute a defense in any injunction action, application or motion brought against the Participant by the Company.
It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio without regard to conflict of laws principles that would have the substantive laws of any other jurisdiction apply, and the Parties consent to Jurisdiction and venue in the Hamilton County, Ohio court having subject matter jurisdiction or the United States District Court for the Southern District of Ohio as applicable.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted, and the other provisions shall remain in effect. The Participant agrees that the Participant will, if requested from time to time by the Company, execute such further reasonable agreements as to confidentiality and proprietary rights as the Company’s investors, partners, customers or suppliers reasonably require to protect Confidential Information or Proprietary Property.
I, Mary Pohlgeers, acknowledge that I have read, understood and accept this offer and the terms and conditions contained in the attached Schedule(s), and agree to be bound by the terms and conditions of employment as outlined therein.
If you agree to this offer, please sign below, and return this employment offer letter to the Company. Candidate Response
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