Product Submission Evaluation Agreement
In consideration for the review of your product/invention/idea submission and by completing the product submission form, you hereby irrevocably acknowledge and agree to the following terms and conditions with the intention of being legally bound:
1. You represent that any product and all material submitted with the product will be:
(i) original with you and that no other person has an interest therein or claim thereto; or
(ii) that you have sufficient rights to the product and all materials submitted with the product so that your submission to MillionsOnTV.com will not violate the rights of any third party.
2. You recognize that MillionsOnTV.com may have access to and/or may create or have created products/inventions/ideas, which may be similar/identical to your product/invention/idea in function and/or other respects. You agree that you will not be entitled to any compensation because of the use by MillionsOnTV.com, associates, partners, etc., of such products/inventions/ideas which may have been independently created by us, associates, partners, etc., or have come to us from any other independent sources. MillionsOnTV.com will use its very best efforts to maintain confidentiality of your product/invention/idea. You understand, however, that no confidential relationship in a legal sense is established by you submitting your product/invention/idea to MillionsOnTV.com.
3. You understand that it is our recommendation that you undertake "best practices" when it comes to protecting your intellectual property. This includes, but is not limited to, applying for a patent, provisional patent, trademark and/or other normal steps used in protecting intellectual property.
4. In consideration for the consulting/product evaluation service fee, which you have paid to MillionsOnTV.com, our only obligation to you is to review your product and provide comments, suggestions, recommendations as we deem appropriate. You understand that MillionsOnTV.com is under no obligation to attempt to sell, license, or otherwise promote your product/invention/idea.
5. MillionsOnTV.com in no way guarantees or makes any representation that changes, corrections, improvements, recommendations, comments, etc., made to product/invention/ideas submitted will in any way assure marketability. Additionally, MillionsOnTV.com, in no way guarantees sales performance or earnings.
6. Your rights and remedies in connection with your product submission to MillionsOnTV.com shall be limited exclusively to any rights and remedies, as may now, or in the future, be accorded to you under applicable United States patent, copyright and trademark laws. The acceptance, consideration, and/or use of the product or material submitted with the product, shall in no way impair MillionsOnTV.com's right to contest the validity of any patent, trademark, service mark or copyright that might have been or may hereafter be issued on or obtained for the product or material submitted.
7. You hereby waive all other claims you may have of any nature whatsoever arising out of any disclosure you may make to MillionsOnTV.com, or any affiliated or subsidiary companies or individuals.
8. You hereby agree that any product samples or material submitted by you whether such samples were sent unsolicited by you or at the request of MillionsOnTV.com will not be returned. MillionsOnTV.com has no obligation or responsibility to their safe arrival and will not compensate you in any way for such samples or materials.
9. These terms and conditions shall inure to the benefit of the parties hereto and their respective heirs, successors, representatives, assigns and licensees, and contain the entire understanding between you and MillionsOnTV.com and may not be modified or waived except in writing signed by a duly authorized representative of MillionsOnTV.com.
10. You hereby release, indemnify, and forever discharge MillionsOnTV.com, Nick Romer, its partners, employees, assigns, successors, heirs, licensees, etc. from any liability of any kind whatsoever arising out of, or in any way, relating to your product/invention/ideas. You agree to defend and hold harmless the above from any cost, claim or award which may arise because of the review, handling, recommendations, comments, or providing requested exposure for your product/invention/ideas.
11. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, as such laws are applied to agreements made and to be wholly performed within New Jersey. You and MillionsOnTV.com hereby consent that any suit brought under or in connection with these terms and conditions may be brought only in the jurisdiction of the State and Federal Courts located in New Jersey, U.S.A.