Unsolicited Idea Submission Policy
Policy Statement
Etresoft, Inc. ("the Company") maintains a strict policy regarding unsolicited ideas, proposals, suggestions, inventions, concepts, creative works, or other materials (collectively, "Unsolicited Submissions") submitted by external parties. This policy is designed to protect both the Company and individuals who may submit ideas (“submitter”).
Etresoft or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising campaigns, promotions, new or improved products, new or improved technologies, product enhancements, processes, materials, marketing plans, artwork, or new product names (“submissions”). Please do not submit any unsolicited ideas, artwork, suggestions, or other works in any form to Etresoft or any of its employees.
Purpose
This policy establishes clear guidelines to:
- Protect the Company from claims of misappropriation, breach of confidentiality, or intellectual property infringement;
- Avoid misunderstandings about the origin or ownership of ideas; and
- Maintain clear boundaries between external submissions and internal development efforts.
If, despite our request that you do not send us this content, you still send it, then regardless of your terms and conditions, the following terms and conditions shall apply to your submissions.
No Obligation to Review
The Company does not solicit, request, or encourage Unsolicited Submissions. Any such submissions are made voluntarily by the submitter. The Company has no obligation to:
- Acknowledge receipt;
- Review, evaluate, or consider;
- Return or maintain confidentiality;
- Provide feedback or enter into discussions; or
- Compensate for or use any Unsolicited Submission.
No Confidential Relationship
Submission of any Unsolicited Materials does NOT create a confidential, fiduciary, implied, or express contractual relationship between the submitter and the Company. All Unsolicited Submissions are considered NON-CONFIDENTIAL and NON-PROPRIETARY.
Assumption of Risk
By submitting Unsolicited Materials, the submitter acknowledges and agrees that:
- The Company may already be developing similar or identical ideas independently;
- Similar ideas may have been submitted by others;
- The Company may have prior knowledge of or may already possess similar concepts; and
- The Company shall have no liability for use of any similar or identical ideas.
The submitter further acknowledges and agrees that in the event of any future disputes between Etresoft or its employees and any other party concerning any submissions, the submitter shall defend, indemnify, and hold harmless Etresoft, its affiliates, and their respective directors, officers, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees, court costs, and expert witness fees) (collectively, "Losses") arising out of or relating to any submissions.
Retention and Disposition
The Company reserves the right to:
- Immediately delete or destroy Unsolicited Submissions without review;
- Not retain records of such submissions;
- Not preserve evidence of the submission date or content; and
- Share submissions without restriction.
Acceptable Submissions
The Company will only consider ideas through:
- Existing contractual relationships with signed agreements; or
- Official partnership programs with established submission protocols.
Intellectual Property Notice
The Company's intellectual property, including but not limited to patents, trademarks, copyrights, trade secrets, and know-how, is developed internally by employees and contractors under work-for-hire agreements. Any similarity between the Company’s products/services and external Unsolicited Submissions is coincidental.
Legal Protection
By submitting Unsolicited Materials, the submitter agrees:
- To release the Company from all claims relating to the submission;
- That the Company may use similar ideas without compensation;
- To the exclusive jurisdiction of courts in Ontario, Canada;
- To waive any right to injunctive relief; and
- That submission constitutes acceptance of this policy's terms.
Amendment
The Company reserves the right to modify this policy at any time without notice.