Favorites Program Terms and Conditions

By paying the Submission Fee and submitting product samples, Submitter understands and agrees to the following: Program. The Favorites Program of 30SECOND MOBILE LLC ("30SM") involves the review of a product from the Submitter and a determination by 30SM whether such product is to be recognized as a 30SM awards winner. Award. The 30SM Awards are designs incorporating the 30SECOND MOM logo with the colors of bronze, silver and gold, and the words Likes This, Loves This and Favorite, respectively, according to the level of recognition a product is receiving from 30SM. Review Process. 30SM conducts its review in accordance with its proprietary process based upon criteria that it establishes and may revise from time to time. 30SM retains the right to ultimately grant or not grant awards based on its sole and absolute discretion, which Submitter agrees not to challenge in any forum or setting, whether public or private. 30SM’s review, analysis, commentary, and/or grant of an award shall under no circumstances be deemed to constitute any opinion, representation, or warranty as to the safety of the products by anyone at 30SM, its officers, directors, agents and employees. Representations & Warranties. Submitter represents and warrants to 30SM that (i) all information submitted to 30SM is true, (ii) each product submitted to 30SM complies with all regulated or non-regulated safety standards, and (iii) its submission does not infringe upon any other party’s intellectual property rights. Indemnity. Submitter agrees to indemnify, defend, and hold harmless 30SM as well as all of its officers, directors, agents, employees, successors and assigns, from and against any and all (i) damages caused by products submitted to 30SM; and (ii) claims, demands, causes of action, debts, liabilities, losses or costs (including but not limited to lawyers’ fees and costs), however designated, that relate to the products Submitter has submitted to 30SM and/or any awards granted by 30SM to the Submitter. Under no circumstances shall 30SM be liable to any party on account of use of the products submitted. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special and exemplary damages, arising from any of use of the products submitted. License. If, and only if, Submitter's product is granted an award from 30SM, 30SM hereby grants Submitter a non-exclusive, non-transferable, worldwide license of the 30SM Seal and Digital Image consisting of the words Likes This, Loves This or Favorite (according to the level of awarded recognition), along with the 30SECOND MOM logo ("Licensed Image"), for use as described in these Terms. Use. A 30SM award winner may display the Licensed Image that it has earned, in order to promote its achievement in earning that award based on its marketing objectives. Submitter may display the Licensed Image prominently on press releases, websites, television and product literature when the information clearly refers to the 30SM award-winning product; provided Submitter complies with the digital and printing image requirements as established by 30SM. 30SM award seal images may be affixed onto award-winning product packages; provided Submitter uses only approved award seals, which can be purchased in bulk from 30SM. Submitter is required to provide one sample of the image on its product packaging within 30 days of first display or sale of such packaging. Modification. This license is granted for the lifetime of the submitted product in the format as it existed at the time of submission. If Submitter modifies the submitted product in any way, this license does not cover the modified product. If Submitter wishes to have the modified product considered, it shall submit the modified product to 30SM. If the modifications have not materially altered the product as determined by 30SM, 30SM will permit Submitter to continue using the Licensed Image. If the modifications have materially altered the product as determined by 30SM, this license shall immediately terminate; and Licensee may submit the modified product (with a new Submission Fee) to 30SM for consideration as a new product. Sublicense. Submitter may not sublicense, assign, or otherwise authorize any person or entity the right to use the Licensed Image. Display. Submitter may not use or incorporate the Licensed Image and/or any similar or confusingly similar image or wording into any pattern or design. Submitter may not include or display the Licensed Image or any other 30SM award seals on any non-winning package or product, including any product other than that for which it has been awarded recognition, including other products within a product line or brand. Refunds. 30SM does not offer refunds of the Submission Fee, even if the submitted product is not awarded any 30SM recognition. Branding/Marketing Support. As part of this Favorites Program, Submitter may engage 30SM to provide branding and/or marketing support for the Submitter's award-winning or other products. 30SM shall provide any agreed upon branding/marketing support, and Submitter shall pay any agreed upon consideration for such branding/marketing support. The details of such branding/marketing support and consideration shall be described on the 30SM website and/or in correspondence between 30SM and the Submitter. Confidentiality. 30SM and Submitter acknowledge that during the term of the license, both parties may have access to proprietary or trade secret information of the other concerning the other's business affairs, property, methods of operation, processing system or other information ("Confidential Information"). 30SM and Submitter agree to maintain the confidentiality of the Confidential Information using at least the degree of care and security as each uses to maintain the confidentiality of its own Confidential Information. Information shall not be considered Confidential Information under these Terms that: (i) is publicly known prior to or after disclosure hereunder other than through acts or omissions attributable to the recipient or its employees or representatives; (ii) as demonstrated by prior written records, is already known to the recipient at the time of disclosure hereunder; (iii) is disclosed in good faith to the recipient by a third party having a lawful right to do so; (iv) is the subject of written consent of the party which supplied such information authorizing disclosure; or (v) is required to be disclosed as a matter of law. Ownership. Except for the limited license rights granted in these Terms, 30SM retains full ownership of, and all right, title and interest in and to: (i) this Favorites Program, (ii) the Licensed Image; (iii) any trademark, trade name, patent, copyright, technology, trade secret or know-how affixed to, incorporated in or relating to the Licensed Image and this Favorites Program; and (iv) any 30SM-created or owned patent, copyright, technology, trade secret or know-how affixed to, incorporated into its website and its content. Submitter is not acquiring any right, title or interest of any nature whatsoever in the Licensed Image, this Favorites Program, 30SM's website, and/or 30SM, except the limited license rights granted in these Terms. Submitter shall use good faith efforts to cooperate with 30SM in the protection of 30SM's intellectual property rights, at 30SM's reasonable request. Submitter shall not remove, alter or conceal any 30SM proprietary notice displayed on the Licensed Image or its website or (if applicable) any link incorporated within the Licensed Image or its website, nor will Submitter authorize others to do so. Submitter retains full ownership of, and all right, title and interest in and to any trademark, trade name, patent, copyright, technology, trade secret or know-how affixed to, incorporated in or relating to the Submitter, and its property, products and website. Authority. Each party represents and warrants that it has the full right and authority to enter into the transactions set forth in these Terms and to perform its attendant obligations. Changes. 30SM retains the right to change these Terms from time to time. Such changes will be posted on 30SM’s website. It is the responsibility of Submitter to check the website for updates. Severability. If any provision of these Terms is held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provisions shall be deemed severed from these Terms and modified to the extent necessary to comply with applicable law, and in any event the validity of the remainder of these Terms shall not be affected thereby. Waivers. The waiver by any party of any provision of these Terms on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of this Agreement on any other occasion or upon any other circumstances. Subcontract. 30SM may subcontract the performance of any of its obligations hereunder. Change of Control. 30SM's rights under these Terms are not affected by any change of control or sale of 30SM. Governing Law & Jurisdiction. These Terms and the transaction contemplated hereunder shall be governed by and construed in accordance with the internal laws of the State of Illinois. Each of 30SM and the Submitter specifically consent to jurisdiction in Chicago, Illinois in connection with any dispute between the parties arising out of these Terms or pertaining to the subject matter hereof. Integration. These Terms and any description of this Favorites Program on the 30SM website, which is incorporated herein, contain the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter. These Terms will supersede any conflict between them and any description of this Favorites Program on the 30SM website. Rev: January 2013
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