premise: 12 Each party agrees not to circumvent this agreement through the use of subterfuge involving the use of third parties.  It is further understood that where any party contravenes the integrity of this non‐circumvention provision, the contravening party shall: a. indemnify fully and pay over all commissions, fees or monies obtained by the contravening party, directly or indirectly, to the party, directly or indirectly, to the party that was violated, and b. indemnify and to be liable for all legal fees for all parties, which may be incurred in the course of adjudication of said violation, and c. be subject to possible punitive action as awarded by the legal process.  The signatories agree to keep confidential the identity of any kind and all contacts so provided by any other signatories.  Such identity including names, addresses, telephones, telefax numbers, telex numbers or any other means, is the property of the introducing signatory and shall not be disclosed other than under the terms thereof. 13 The Company agrees that, during the term of this agreement and for a period of 48 months thereafter, the Company shall not, whether by itself, its officers, personnel, contractors or agents of the Company or whether by a Company Affiliate or the officers, personnel, contractors or agents of that Company Affiliates, solicit or seek to solicit orders from any customer of Fintricity for services similar to the services which Fintricity provides to that customer without the prior written consent of Fintricity. 14 Neither party shall make or permit others to make any reference to the subject matter of the Agreement, or the Confidential Information or use the name of the other party in any public announcements, promotional, marketing or sales materials or efforts without the prior written consent of the other party and such consent shall not be unreasonably withheld or delayed.