*T-Shirt
Hell T-SHIRT IDEA SUBMISSION AGREEMENT The person below (the "Submitter")
desires to submit a t-shirt idea (the "Material")
to T-Shirt Hell, Inc. (the "Company") to evaluate
and review. The parties understand and acknowledge
as follows:
1. The Company is continuously engaged in active
research and development programs which may
have ideas, functions, features, or other aspects
that are similar or identical to the ideas,
functions, features, or other aspects of the
Material.
2. Other persons, including the Company's own
employees, may have submitted to the Company
or to others, or may in the future originate
and submit, material which is similar or identical
to the Material. It is agreed that no compensation
will be paid to the Submitter for use of the
Material because of the Company's use of such
other similar or identical material not created
by the Submitter.
3. Submitter agrees that the Company assumes
no obligation to (i) return the Material submitted,
(ii) compensate the Submitter in any way for
the non-commercial use of the Material in accordance
with the EVALUATION specified herein, (iii)
proceed with negotiations of any kind respecting
the Material, or (iv) furnish Submitter with
any information respecting the results of the
Company's evaluation or its reasons for not
proceeding further.
4. Inasmuch as the disclosure to the Company
of information that is considered by Submitter
or a third party to be confidential could have
an adverse impact on the Company's rights in
products or ideas arising out of the Company's
research and development program, the Company
is not interested in gaining access to information
that is considered by Submitter or a third party
to be confidential. In order to ensure that
there is no future misunderstanding of the respective
rights of the Company and Submitter, the Company
has developed a policy under which it will not
undertake to review or evaluate information
that is claimed to be confidential by any person
or entity outside the Company.
5. The Company agrees that it will not use the
Material for any purpose other than evaluation
hereunder without entering into a formal written
agreement with Submitter giving permission to
the Company to do so. The foregoing does not
apply to any material which is similar to or
identical to the Material, but which was independently
developed (without the use of the Material)
by the Company or a third party.
6. Submitter has retained at least one copy
of the Material, and releases the Company from
any and all liability for loss of or damage
to the copy or copies of the Material submitted
to the Company hereunder.
7. Submitter represents that the material is
original with Submitter, that Submitter is the
owner of the Material, that Submitter has the
exclusive right to submit the Material to the
Company, and that Submitter has the power and
authority to grant the Company any and all rights
in the Material.
8. Submitter agrees that Submitter will not
use the potential interest of the Company with
respect to any material submitted to the Company
in any promotional activity nor disclose to
any other person that the Company is evaluating
the Material.
9. Submitter hereby acknowledges and agrees
that there are no prior or contemporaneous oral
or written agreements in effect between Submitter
and the Company pertaining to the Material submitted
hereunder or any other material (including,
but not limited to, agreements pertaining to
the submission by Submitter of any ideas, formats,
plots, characters or the like). Submitter further
agrees that no other obligations exist or shall
exist or shall be deemed to exist unless and
until a formal written agreement has been prepared
and executed by both Submitter and the Company,
and then Submitter's rights and obligations,
and the Company's rights and obligations, shall
be only such as are expressly set forth in such
formal written agreement.
10. Nothing contained in this Agreement shall
be construed as creating any obligation or an
expectation on the part of either party to enter
into a business relationship with the other
party, or an obligation to refrain from entering
into a business relationship with any third
party. Nothing contained in this Agreement shall
be construed as creating a joint venture, partnership
or employment relationship between the Company
and Submitter, it being understood that the
Company and Submitter are independent contractors
vis-à-vis one another. Except as specified
herein, no party shall have the right, power
or implied authority to create any obligation
or duty, express or implied, on behalf of any
other party hereto.
11. Submitter agrees that the terms of this
document shall control the rights and obligations
of the Company and Submitter respecting the
Material, however disclosed or provided to the
Company, including verbal disclosure thereof,
and notwithstanding any legends, markings, or
other restrictions embodied in, attached to,
or accompanying such Material. The terms of
this document may not be amended or superseded
except by written amendment that refers to this
document and is signed by both parties.
12. Submitter agrees that no oral representations
of any kind have been made to Submitter.
13. This Agreement sets forth the entire understanding
and agreement of the parties with respect to
the subject matter hereof and supersedes all
other oral or written representations and understandings.
The formation, interpretation and performance
of this Agreement shall be governed by the laws
of the State of Nevada, excluding its conflict
of law rules, and any action relating to this
Agreement or its enforcement shall only be brought
in a state or federal court in Carson City,
Nevada. In the event that any provision hereof
is found invalid or unenforceable, the remainder
of this Agreement shall remain valid and enforceable
according to its terms.
14. Submitter certifies that Submitter has read
this Agreement and that Submitter understands
it. SUBMITTER UNDERSTANDS THAT THE COMPANY IS
RELYING UPON THIS AGREEMENT IN AGREEING TO ACCEPT
SUBMITTER'S SUBMISSION OF THE MATERIAL AND WOULD
NOT ACCEPT SUBMITTER'S MATERIAL WITHOUT IT.
* T-Shirt Idea submissions that were submitted AND chosen after 9/4/2007 will be awarded $500 per idea. If you submitted your idea prior to 9/4/2007 but we select your idea after 9/4/2007, you will be paid the $200 prize that was the award for the contest at the time you entered.
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