Pro Idea Submission Agreement

In consideration for Quirky reviewing and evaluating my submission (“Submission”), I accept the following specific terms and conditions:

1. I understand and agree to be bound by this Agreement when I make my Submission to Quirky.

2. I am at least 18 years old. I own all right, title and interest to the Submission I am submitting to
Quirky, and no other person has an interest in the idea or any claim to it, or, in the alternative, I
am authorized to submit this idea on behalf of its owner. I am not violating any agreement or
understanding with another party, including but not limited to my current or former employer.

3. I agree to indemnify and hold Quirky harmless from any and all liabilities, costs, expenses and damages arising from or relating to Quirky’s use or other exploitation of the Submission.

4. I hereby grant to Quirky, for a period of ninety (90) days from the date of execution of this Agreement, the exclusive right to review and evaluate the Submission in order to determine whether the Submission can be marketed to my and Quirky’s mutual benefit. I understand that Quirky shall have ninety (90) days to evaluate the Submission. If Quirky does not offer me an agreement for the marketing and/or exploitation of my Submission within the aforementioned ninety (90) days, then all rights to my Submission shall automatically revert back to me.

5. Quirky agrees to hold the Submission confidential and will not disclose it to any person other than its evaluators and other third parties or members of its staff who, in Quirky’s sole discretion, have reason to review the Submission.

6. No obligation of any kind is assumed by, nor may be implied against Quirky for any claimed or actual use by it of all or any part of my Submission, notwithstanding any notice to the contrary on any information supplied to Quirky. The only obligation which Quirky shall have is that which is expressed in a formal written contract, if any, that may be executed by me and Quirky after Quirky has evaluated the information furnished under this Agreement.

7. I do not hereby grant Quirky any rights under any patents, or trademarks I now have or may later obtain covering my Submission, but I do hereby, in consideration of the examination of the Submission, release Quirky from any liability in connection with the Submission, or liability because of use of any portion thereof except such liability as may arise under valid patents or trademarks now or hereafter issued or obtained.

8. Quirky has not promised any compensation to me for my Submission. If my Submission is not patented, trademarked, or registered as a copyright, I have no expectation of compensation from Quirky and hereby authorize Quirky to freely use my Submission. If the Submission is patented, or the subject of a pending patent application, I agree to disclose that fact, along with the patent or applications numbers, to Quirky at the time of the Submission, or when a patent application is filed following the Submission.

9. Quirky’s receipt of the Submission and any actions Quirky may take related to it:
(i) aren’t an admission of my Submission’s novelty, uniqueness, originality, concreteness, or non-obviousness; (ii) aren’t an admission that the Submission is protected or protectable by IP Laws; (iii) doesn’t mean that Quirky has reviewed its records to determine whether it has seen, developed, or acquired rights to products that are similar to the Submission; and (iv) doesn’t create any liability or obligation between me and Quirky, except as provided by this Pro Inventor Submission Agreement.

10. This Agreement shall be construed under the laws of the State of New York.

11 This Agreement constitutes the entire understanding relative to the submission of my Submission or idea between myself and Quirky, and supersedes all prior and collateral communications, if any, between myself and Quirky.