By using this Idea Submission form / webpage, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Agreement”). Before you may submit any idea, you must read and accept all the terms and conditions in the Agreement.
You hereby acknowledge:
- You acknowledge that you are the owner of the idea and are authorized to submit it on this website. You also represent that any third party with an interest in the idea disclosed has been informed of these terms of this Agreement and agrees to be bound by them. You acknowledge further that you have the legal right to negotiate with Lifetime Brands, Inc. (“Lifetime”) and Monashee Marketing LLC (“Monashee”) with regard to your idea.
- You acknowledge that the disclosure is being made on a NON-CONFIDENTIAL basis, and that no confidentiality obligations or legal relationships whatsoever are created by this idea submission. All disclosures, written and oral, as well as materials furnished, are made voluntarily. The only way the idea will be confidential is if you enter a separate Confidentiality and Non-Disclosure Agreement with Lifetime and Monashee. Absent such a separate Confidentiality and Non-Disclosure Agreement, Lifetime and Monashee have the right to disclose the idea submission to various employees and to those outside of their employ to determine the value of the submission.
- You acknowledge that you are free to make this submission and that by doing so you are not infringing any prior obligation of confidentiality.
- You acknowledge that Monashee may contact you for additional information and/or drawings/prototypes if applicable (“Additional Submissions”) and this Agreement shall apply to any such Additional Submissions.
- You acknowledge that Lifetime and/or Monashee may already be independently working on ideas that are similar to the one(s) covered by your submission and/or another party may have already submitted a similar idea. You therefore agree that you will not assert any claims against Lifetime, Monashee, and/or any of their affiliates with regard to any intellectual property rights you may have or believe you may have in your submission, any idea included therein, and/or any derivation of the foregoing, and that neither Lifetime, Monashee, nor any of their affiliates shall be held liable for any claims you may bring against them relating to any intellectual property rights you may have in your submission, including, but not limited to, any trademark, copyright, patent, and/or misappropriation claims. You further agree to refund Lifetime, Monashee and their affiliates for any attorney’s fees that they may incur with regard to any such claims.
- You acknowledge that Lifetime and/or Monashee’s evaluation of your idea is not an admission by Lifetime and/or Monashee of novelty, priority or originality and does not prejudice Lifetime’s and/or Monashee’s right to contest any existing or future patents or copyrights on the idea.
- You understand that Lifetime and Monashee assume no obligation to evaluate the submission or to do more than to indicate whether or not they are interested in pursuing the submission.
- You acknowledge that neither Lifetime nor Monashee are obligated to adopt your idea or compensate you and no agreement for compensation is to be implied from Lifetime and/or Monashee’s consideration or review of your idea/submission. After evaluation if Lifetime and/or Monashee decide to purchase, license, or otherwise enter into an agreement with you, the extent of compensation will be determined by a mutual written agreement.
- Absent a written agreement with Lifetime and/or Monashee to the contrary, you understand that neither Lifetime nor Monashee are under any obligation to return submitted materials and if returned, they accept no responsibility for the safe arrival, handling or return of the submitted materials.
- This Idea Submission Agreement constitutes the entire agreement between Lifetime, Monashee and you pertaining to this idea/submission.
