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SPANX, INC. IDEA SUBMISSION POLICY AND AGREEMENT

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We love our customers! And we can tell it's mutual because a lot of you contact us wanting to share ideas about new products or offer suggestions on how to improve our current SPANX products.

We truly appreciate your interest in SPANX, both the company and our products. We'd like to consider your ideas, but we need to set some ground rules. (Can you tell our lawyers told us we had to be buttoned up and business-like about this?) So...with that said, we developed some policies and processes to cover idea submissions. This document explains it all, but you have to read everything and follow these rules carefully. That way, you'll make it simpler and faster for us to review your submission!


But first, some warnings (here comes the lawyerly stuff)...

We have to tell you that most of the ideas that are new to us and practical for us to consider originate with our inventive founder, Sara Blakely, and our creative product development team. (Check out our website www.spanx.com, for the story of how Sara invented the first SPANX footless pantyhose product.) The team is constantly thinking about and researching how to improve our products and new ways we can provide women with comfortable undergarments. In order words, most of the ideas that are submitted to us, we already know about! Sometimes the ideas may even duplicate something we're already working on independently. And, then again, sometimes the ideas and suggestions simply aren't the right "fit" for SPANX. The bottom line (but not a visible panty line!) is this: receiving your idea most definitely does NOT mean we have any obligation to you nor does it mean we will pay you.

Please protect your own interest in whatever you submit before you send it to us. The best way to do this is to consult with an attorney who knows about intellectual property laws. We do not want to unfairly use someone else's unprotected idea or suggestion.

We protect our interest by requiring that you follow the procedures, read the Terms and Conditions, and sign the agreement below before we consider your idea or suggestion. Please read them carefully, because following the procedures and signing the agreement means you understand and accept the Terms and Conditions and everything in the agreement. Among other things, the agreement states clearly that the submission of ideas or suggestions and our consideration of them do not create a confidential relationship or an obligation of secrecy between those who submit ideas (Submitters) and Spanx, Inc.


To submit an idea or suggestion to Spanx, Inc., here is the process you need to follow:

  1. Submit all ideas or suggestions, in writing, to the Idea Submissions Manager, Spanx, Inc., 3344 Peachtree Road, Suite 1700, Atlanta, GA 30326 or via email to ideas@spanx.com, with the signed Agreement. This ensures we will handle your submission promptly and correctly.

  2. You must sign and date the agreement that appears below and also have two independent witnesses sign and date it, and include it with your submission. Just FYI, "Independent" means no relatives (even second cousins three times removed!). If you forget to include the properly executed agreement, we will not consider your idea, and our Idea Submissions Manager will destroy whatever you send us.

  3. The written description or drawing of the idea or suggestion must explain the idea or suggestion, how it works, and how it is different or better than existing products or processes. Don't send your only copy because we will not return your submission. The description has to be as complete as possible so Spanx, Inc. has adequate information to evaluate whether it is interested in pursuing the idea. If you represent that applications or registrations for patents, trademarks or copyrights exist or have been filed, you must attach a list of the applications and registrations, including the serial number, date of application or registration, date of publication, and a copy of any certificates of issuance.

  4. After we receive the signed agreement and written description of the idea, we will evaluate the idea. During this time, a Submitter is perfectly free to pursue and disclose the idea to others. Remember, the submission creates no obligation on the part of the Submitter or on the part of Spanx, Inc. We will contact you in the event we are interested in further considering your idea.

Terms and Conditions of Submission

  1. Spanx, Inc. ("Spanx" or "Company") does not assume any obligation whatsoever in connection with your submission.

  2. Spanx will not consider any idea unless you, the Submitter, signs and returns the agreement printed below.

  3. You are submitting your idea or suggestion voluntarily, with no expectation that the Company will compensate you for the submission. You understand that consideration of your submission does not imply any agreement by Company to pay you for the submission.

  4. Your submission does not create any confidential relationship or obligation of secrecy between the Company and you regarding the submission.

  5. By making a submission, you are not granting any rights to Spanx in your proposal or under existing or future patents, copyrights or trademarks. If your submission bears the Spanx trademarks or uses Spanx's other intellectual property, you understand that you cannot manufacture, sell or distribute these items without Spanx's express written permission.

  6. Except for claims of infringement, Spanx shall have the unrestricted right to use and disclose your submitted ideas and materials. Spanx is also free at all times to contest the validity of any patent, copyright or trademark, or any alleged infringement of such.

  7. If you choose to submit an idea that is not protected by a patent, copyright or trademark application or registration, you understand that if, despite the Terms and Conditions of this agreement, Spanx has any liability with respect to your submission, you will in no event, assert a claim or be entitled to any payment over $2,000.

  8. You understand that Spanx has the sole discretion to decide whether your submission has any commercial value and whether to enter into negotiations with you regarding the rights to use the submission and how much to pay for those rights. Without a separate written agreement governing the use of the idea, you have no right to any payment for the submission.

  9. Spanx has no obligation to respond to your submission or to give any reasons for its lack of interest in your submission.
For your understanding, we extend our sincerest thanks,
Your friends at Spanx


Agreement

I hereby submit to you an idea or suggestion relating to ____________________________________. I make this submission with full notice and acceptance of your policy that you cannot receive such an idea or suggestion in confidence and that you consent to receive and consider my idea or suggestion only on the following terms:

  1. I have read, understand, accept and agree to all of the foregoing policies, warning, processes and Terms and Conditions.

  2. I shall retain a copy of this signed agreement for my records.

  3. My rights and remedies arising out of the disclosures I am making or the use of them by Spanx, Inc., its employees or representatives, or subsidiaries or affiliated companies shall be limited to those I have under the patent, trademark and copyright laws of the United States.

  4. The receipt by the Company of my idea or suggestion and the opportunity to have the Company consider them, as an exception to your general policy, are adequate consideration for this agreement.

  5. Any prior negotiations or agreements are merged into and superseded by this agreement which may not be modified or waived except in a written document signed by Spanx, Inc.'s Chief Executive Officer or Chief Financial Officer.

  6. This agreement shall be deemed to have been made in and shall be governed by the laws of the State of Georgia, without regard to its conflict of laws, except for issues relating to patents, trademarks and copyrights, which shall be governed by the applicable laws of the United States.

  7. In consideration of Spanx, Inc. receiving my idea, I hereby release Spanx and its officers, directors and employees from any liability for its use, if any.

  8. In accordance with Spanx, Inc.'s policies and the Terms and Conditions of Submission, I submit for Spanx, Inc's consideration, the following idea or suggestion which I represent I have originated, is new and I have a legal right to submit.

Idea or Suggestion Submission: ______________________________________________________________________________________________________________________
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(Please use additional sheets if necessary.)

Date:
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Signature:
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Print Name:
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Address:
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Witness #1
Signature:
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Print Name:
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Address:
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Witness #2
Signature:
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Print Name:
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Address:
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