If T-Shirt Hell selects your idea as a winner, you will be contacted with a contract. This contract will state that the slogan will first go under a trial period of one month, at which time we will test the market with the slogan. If it meets a certain minimum (as set forth by the company and which may vary depending on the shirt), T-Shirt Hell will decide if they wish to purchase the shirt. If they do so, you will receive both a free shirt and an ongoing royalty of $0.25 per shirt sold for the lifetime the shirt is up on the site, including the trial period. We would then own the copyright. If we elect not to purchase the shirt after the one month trial because of low or non-existant sales, the shirt will be taken down and you will receive only a free t-shirt. You would retain the copyright on that shirt slogan. You will receive this contract when the shirt goes up for sale on the site for the first day of it's trial. Please return this signed contract asap. This new royalty structure applies to all ideas chosen on or after 8/25/15, regardless of when they were submitted.
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.