BAD DRAGON IDEA SUBMISSION FORM
To induce Bad Dragon Enterprises, Inc. ("Bad Dragon") its successors and assigns, to consider certain ideas, artwork, toys, inventions or other materials (collectively the "Materials") which I submit to it, I hereby accept the Terms of Submission set forth below. I agree that these Terms shall apply to all Materials and disclosures I have made or to be made by me which relate to my submitted Materials or which are made incidental to the submission of my Materials.
Terms of Submission
1. I am voluntarily submitting non-confidential information pertaining to an idea, toy, artwork, invention, or product which I would like to have Bad Dragon consider manufacturing. If Bad Dragon chooses to manufacture a product based on the Materials I submit, Bad Dragon shall have the exclusive, unlimited and irrevocable manufacturing rights to such product.
2. I understand and acknowledge that Bad Dragon is in the adult product and adult toy businesses, that Bad Dragon itself is continuously developing and creating its own ideas, toys and Materials, that employees of Bad Dragon may currently be working on or previously have worked on ideas or materials similar to the Materials, and that Bad Dragon may have received or may someday receive from others ideas or materials similar to the Materials.
3. In full consideration for the exclusive, unlimited and irrevocable right of Bad Dragon to manufacture products for sale based on the Materials, I will be entitled to one (1) free example of the product manufactured, if the product is chosen to be manufactured en masse. Additionally, I have the option to be given credit in Bad Dragon's website materials as the source of the idea for the Materials. I further agree that I will not be entitled to any further compensation by reason of the use by Bad Dragon of any such Materials other and that Bad Dragon shall have no obligation to me with respect to the Materials.
4. I agree that Bad Dragon may modify my idea or the Materials and that all Materials and artwork derived therefrom shall by subject to these Terms of Submission.
5. Bad Dragon shall have no obligation to return any Materials submitted by me or for any Materials or any portion thereof which is lost, misplaced, stolen or destroyed while in its possession.
6. Bad Dragon shall have no obligation, either expressed or implied, to me with respect to the Materials submitted by me other than those specifically set forth in these Terms of Submission and Bad Dragon shall have no obligation to give reasons for rejecting any Materials submitted by me.
7. I warrant that I am the sole owner, creator, inventor and author of the Materials, that I have the full right and authorization to submit the Materials and that no other person or entity, unless disclosed to Bad Dragon by me in writing, has or shall have any right, title or interest in or to the Materials.
8. I recognize that no Materials will be accepted from me on the basis of a confidential relationship nor shall any such submission by me to Bad Dragon be deemed a confidential communication.
9. I recognize that all submissions of Materials must be made in writing. Bad Dragon shall not review or consider any oral submissions.
10. This agreement, and the relationship established hereunder, shall be interpreted and construed in accordance with the internal laws of the State of Arizona, without regard to its principles of conflicts of laws, and with the same force and effect as if fully executed and performed therein.
11. I acknowledge and agree that any and all controversies arising out of or in any way relating to the Materials submitted by me to Bad Dragon shall be settled by final and binding arbitration by the parties which will take place in Phoenix, AZ. The arbitration shall be conducted by a single, neutral arbitrator and decided in conformity with these Terms of Submission Any proceeding that I may choose to bring shall be initiated within six (6) months after the date of first use by Bad Dragon of the Materials.
12. I agree that no contract or obligation of any kind is assumed by Bad Dragon or may be implied against Bad Dragon by reason of Bad Dragon's review of the Materials. Specifically, it is understood that Bad Dragon's review of the Materials neither constitutes nor creates an implied-in-fact or implied-in-law contract.
13. I agree that the above conditions may not be waived or changed except in writing and signed by an officer of Bad Dragon. This form applies to all current as well as future submissions, and in exchange for Bad Dragon's willingness to consider this current submission of the Materials, I also agree that this form applies to any submissions previously submitted by me to Bad Dragon, regardless of whether the previous submission was submitted under a prior version of this form or without any idea submission form at all.
I hereby agree that any Materials I deliver to Bad Dragon are or will be under and subject to the conditions set forth above. I represent and affirm that I have read the foregoing and that I am at least 18 years old.