SUBMISSION AGREEMENT FOR EXAMPLES OF WORK Name: Date: Address: W!LDBRAIN is in receipt of the following materials you have submitted to us as examples of your work for W!LDBRAIN's consideration of your creative talents and abilities (the "Materials"): TITLE OF MATERIALS:___________________________________________________ FORM OF MATERIALS:___________________________________________________ Regrettably, under W!LDBRAIN's submission policy we cannot receive or review your Materials unless you have signed the Submission Agreement set forth below. By signing this Submission Agreement, you confirm you have read, understand and agree to the following terms. Upon return receipt of this Submission Agreement, we will review your Materials to determine whether your skills meet our staffing needs. We may want to (but are not obligated to) keep your Materials on file for reference in the event our needs change. Please note that in the event we do not desire to keep your Materials on file, we can only return them if you send us a self-addressed, stamped envelope when you return this Agreement. 1. You warrant and represent that you have created the Materials, you are the lawful owner of the same, and you have the full power and authority to submit the Materials to us. You agree, at your own expense, to defend, indemnify and hold harmless W!LDBRAIN ("WB") and its employees, officers, directors and shareholders, and their successors and assigns, from and against any suit, claim or proceeding arising from or relating to a breach of any of the foregoing representations and any breach of this Agreement. 2. You make this submission voluntarily and on an unsolicited basis. You enter into this Submission Agreement with the express understanding that we will accept and evaluate the Materials in reliance upon this Submission Agreement and your warranties and representations herein. No confidential relationship is established by your submitting the Materials to us. 3. The Materials are submitted with the understanding that we will not use the same or any part thereof unless either: (a) we shall hereafter enter into a written agreement with the lawful owner of the Material or rights involved for the acquisition of the rights therein, it being understood that you and we have not yet reached an agreement concerning the use of the Material and you realize that no obligation of any kind is assumed by, or may be implied against us unless and until a formal written contract has been entered into between you and us and then the obligation shall be only as is expressed in the formal contract; or (b) we shall determine in good faith that we have the right to use all or any part of the Material without obtaining clearance, either because the Material so used is not new or novel, or is in the public domain, or otherwise not legally protected or protectable, or was not reduced to concrete form, or was obtained by us from other sources, including without limitation our own employees, or for any other reason, it being understood and acknowledged that this submission is not being made in confidence. 4. You have retained a copy of your Material, and you release WB from liability for loss or damage to the Material. You also acknowledge and agree that WB is not obligated to return your Material to you. 5. Any controversy arising out of or in connection with this agreement, including without limitation any claim that WB has used any legally protectable portion of your Material in violation of the terms hereof, shall be governed by the laws of the State of California, and the parties consent to the jurisdiction of the state and federal courts of California for the resolution of such matters. In the event of such controversy you agree that you shall assert such claims not later than six (6) months after the date on which you first learned (or reasonably should have been aware) of WB's use or intended use of any portion of material which you believe is in violation of this agreement. You further agree that your rights and remedies, if any, shall be limited to an action to recover money damages in an action at law, which shall in no event exceed the fair market value of the material on the date hereof and without limitation of the foregoing you expressly agree that you shall not seek to enjoin or restrain the production, exhibition, distribution, sale, licensing, advertising, and/or promotion of any of WB's programming, promotional or marketing plans, and/or any of the subsidiary rights in connection therewith. Should you be unsuccessful in any such action, you assume and agree to pay, upon demand, all costs and expenses incurred in defending or contesting such action, including all court costs, costs of discovery and depositions, attorneys' fees and the fees or charges of any experts engaged by WB to ascertain originality, public domain status, or any other facts or factors deemed necessary or advisable by WB in the defense of such action. 6. You hereby state that you have read and understand this Submission Agreement, that no oral representations of any kind have been made to you, and that this Submission Agreement states our entire understanding with reference to the subject matter hereof. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and the balance of this Submission Agreement shall remain in full force and effect. The terms "you" and "your" includes and binds the undersigned and any and all representatives of the undersigned. The terms "WB", "us" and "we" includes and inures to the benefit of WB and their successors, assigns, employees, officers, directors, licensees, and associated companies and individuals. Thank you for your interest in W!LDBRAIN. Sincerely, W!LDBRAIN ________________________________ By: (W!LDBRAIN Representative) I have read the foregoing and agree with the terms and conditions of this Submission Agreement. ___________________________ Signed By: close window