Wednesday, August 12, 2009

Being Honest

I am taking a risk here and typing out of emotion and with only a half cup of coffee in me...

Look in "comments" and you will see that many W.I. received contracts via email yesterday and for them, I say "Hooray"!!! But...well...I thought FOR SURE I'd get a contract and to be honest...I'm really bummed...like sad, puppy dog eyes bummed...

When I started hearing that the women selected had inventions that were already manufactured, it made me feel better. So I wasn't chosen because I was just in prototype stage. Lick my wounds and move on. Well, now there is a W.I. that received a contract and she is in the prototype stage...once again, happy for her but...shoot!!!

And another thing ladies...(this makes me smile and shake my head)...what if they have so many W.I. not signing contracts and they have to keep going down the list and there - way, way down - is The Everything Marinator?

Do I actually have that flutter of hope again?

Time will tell but for now, I will be posting the video of me demoing The EM for Sullivan Productions to look at (you can send a video link instead of a DVD).

Thanks for letting me be honest... :)

61 comments:

  1. Oh Tracy, you are not alone. I feel the same emotions.
    They must have misplaced our tapes...LOL

    Don't let all this bring you down. Good things are happening.

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  2. Hi, Tracy - I share the same feelings, and by the way, I love your descriptive writing style and can envision your sad puppy dog eyes, HOWEVER, would you really and truly sign away exclusive rights for SEVEN years of profits for the Everything Marinator?

    Get some coffee :).

    Thought - wonder if anyone has countered the contract (e.g., maybe shortening the amount of time that all of the networks have the exclusive rights to your product?)...interesting.

    I will be adding Alisa's Mini Mosaics to my wish list for christmas this year - they are beautiful!

    Alright - enough random thoughts from the peanut gallery for today.

    Good luck with Anthony and please keep us posted!

    Jen

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  3. Would you sell your invention on an ecommerce site dedicated to women inventors and has high traffic volume?

    We're taking a poll on the Womentors blog - come on over and vote!

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  4. Tracy,
    Honestly, we are probably better off if we just do things ourselves. Just a step a day and we can do it.

    I have an American cousin who lives and works in Hong Kong if you need info for manufacturing. He has been in the plastic industry.

    I just noticed that telebrands was have open auditions, but they were already filled. They said they are going to have more.

    I put a short cut on my desktop.

    Have a good day.
    Kara

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  5. Ladies I also received a contract look under "Do Tell"

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  6. I also got a contract...page 5 states "the Exclusive Term lasts until the seventh anniversary of the signing date. That is seven years. It also says they take contol of the money and pay the inventor 50% of the net revenue. That doesn't sound good. Why are they taking a cut? I thought they were helping us, not partnering with us. I think I'm going to skip it too.

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  7. I am going to have a lawyer friend look at the contract, it is confusing. I will let you know what they say.

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  8. Anybody received a contract for a invention just in prototype phase?Thanks.

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  9. Ladies,

    The contract they are offering is standard. As a manufacturer your wholesale price to retail stores should be at least double your manufacturing/operating cost for each item. The retailer will buy your product at your wholesale price and most will then double that price to determine the retail price that it will be sold to the consumer for.

    2*cost = wholesale and 2*wholesale = retail

    That is the same as 50% net revenue. Every retailer works this way. Some manufacturers may wholesale for more than double their cost and some retailers may price the item for less than double the wholesale but the majority will do as stated above. Retailers are always partnering with manufacturers because both have expenses and both need to make money to survive.

    The exculsivity agreement is NOT a big deal. It's not like they are a local flea market. HSN will give your product lots of exposure, lots of sales, and you lots of money if the product does well. Trust me when I say 7 years is not that long and it will give you time to grow with the product. At the end of 7 years you may have a whole product line to offer to major retailers instead of just one.

    I would do it if I got a contract and I'd be thanking them all the way for the enormous opportunity.

    Good Luck!

    Cherie

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  10. It says they have EXCLUSIVE (they put it in all caps) rights to license, make, have, sell, import, copy, reproduce, sub-license...on and on. That sounds like the inventor looses all control. That seems odd.

    I get the wholesale model. I know how it works because I am selling it now. I would have to pull it out of stores if they are exclusive.

    I may look into a lawyer too.

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  11. Has anyone received a contract that has a baby/child product?

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  12. Yes exclusive means they are the only ones who can sell it. No other stores will have it. Most of the items on HSN are like that.

    The fact that they are stating you get 50% of net revenue says they aren't intending on taking the manufacturing from you. They would give you much less than 50% if they take on the responsibility of making the product too.

    I would ask about when the exclusivity starts. The show won't even air till next year and I'm sure HSN only really cares about whether it is sold in other stores WHEN they start selling it on their show. If the TLC show is still a contest and everyone isn't guaranteed a commitment then I would just make sure that you could keep it in stores until it airs on HSN/TLC. Or just sign and keep it stores until it airs.

    What could they possibly do to you if you continue selling it in stores until the air date and why would they care?

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  13. Wow! It is so interesting to see all activity! I truly wonder what this show is really going to be about...small business owners trying to make it big? Women like myself that need all the help they can get to manufacture their product? Hmmm...

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  14. Cherie is making me want to run to the mailbox! It is nice to see all points of view. I think currently, I am in the "what have I got to lose?" phase.

    Good luck to all of us!

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  15. Did you get your contracts via email or snail mail?

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  16. Tracy,

    I think you've already got a good product but you're overlooking it. I am just now realizing the power of blogs. I never really thought about them before. But after coming back to yours to see the update again and again I realized that there are lots of different blogs out there with equally devoted followers. So I put my product out to some blog reviewers and have a couple of giveaways going on right now.

    You should check out www.poshlittle.com . I just paid for 6 months advertising on 2 of the owner's sites and she has a couple of more that I'm considering. She has content in the blog that keeps people coming back and since her websites are targeted toward babies she has manufacturers wanting to advertise to her followers.

    You have a very nice writing style. If you would focus on an area of interest to a particular consumer group (ie. baby, gardening, cooking, etc.) then you could do the same thing. It doesn't work as well to focus on small manufacturers like this blog does because who would advertise? Patent Attorneys, Mold Operations, Cut and Sew Providers? Perhaps... but I think a blog on Cooking and Kitchen gadgets would be better for you because you could promote your own product as the site gets more popular.

    There are some people making over $40,000/mo on their blogs!!!! Of course you need a site that ranks well so people can find you and you have to constantly update your site to keep people coming back. I think the giveaways are part of the key to that. Anyway, I think you should work on a blog "product" first targeted toward a consumer group and fold your gadget into it as it grows.

    Regards,

    Cherie

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  17. email notification

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  18. I got mine e-mail.

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  19. Yes, I also got mine email from the legal dept.

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  20. #4 got mine from email as well.

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  21. Hi,anonymous.Can you tel me please what your email said in your in box (the title),because i received a email and i thought is a junk and i delete.The title was something with Milojo or not?Can i found a email if i deleted or it is lost and i can not read anymore?Thank you Lumi.

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  22. A prominent business attorney reviewed the contract. Very strongly recommended that I don't sign for a number of reasons. His points made a lot of sense. I'm out.

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  23. My contract attorney spelled it out for me and it doesn't sound right, for so many reasons. As a mom, as an inventor and as a business woman.

    I'm out too.

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  24. I'm with you Tracy! What number am I on that list?! :)

    I hear Cherie. She's a tough cookie! :) My husband and I have been talking about the terms and although it sounds stringent (especially if you've poured a lot of money into it yourself and your're already in stores), for those of us who haven't gotten that far, it's probably a good deal.

    Of course, I haven't received a contract, so I don't know for sure. But, that's my 2 cents from what I'm reading.

    Jen C. I think Danielle (casting director) is over me too! :) haha

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  25. For those of you that chose not to sign the contract and hold true to the passion of your invention, I applaud you!
    Of course, if the contract works for some and signing the contract is the path you take, I am behind you 100%!
    It may just be that the contract will have to be rewritten if they are not getting the signatures they want/need.

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  26. My atty. strongly advised me not to sign such an agreement. He said each paragraph needed to be re-written! and I really should see a media atty. This is for their line of work along with his. (Patent Law) I have thousands of dollars in my product but I just can't seem to sell. (On line) My product is a very good item but by just looking at it, no one can understand what it does or how it works. It really needs to be demonstrated and then I know it will fly. It isn't an item for a store, it is for TV. My question to all of you is.... Even if they rip us off by saying it is going to cost them a lot more to manufacture, etc. Isn't a little better than nothing? I have my life savings in this thing. Every one who has one loves it, again, I need to demo! I hate to pass up a chance of a lifetime. I just don't have any more funds to do an infomercial. Everything is mortgaged. Any help? I, like the rest of you certainly didn't have the extra money for this trip. I ate pop-tarts the whole time I was traveling. Where am I going? I can't believe Kelly would be in some sort of a scam.... Comments, Please!

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  27. The e-mail read. Laura_Yager_Katz_JJ@discovery.com

    Hope you find it.

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  28. Anonymous,
    What is your website? I would like to view your product...I have a very good idea for you but I need to see your product first...

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  29. I'm the "#4" got a contract. I signed without hesitation. There is a confidentiality clause so that's why people who are getting a contract aren't saying who they are. I talked with their people and they said right now they are going to continue to review tapes and then callbacks in September. With the number of contracts not being signed I think everyone should still hold on. The email I got had a congrats letter dated July 15th, so it's been a month since the first round of decisions...which means they are still working it. Don't give up hope! I'll post if I hear any more, but after signing the contract I'm sure that I won't hear anything until full decisions are made. I think they just want to have all the contracts signed before they send them off to TLC and HSN so that TLC/HSN doesn't choose all their favorites and then find out none will sign the contract. So, back to waiting.

    -#4 :)

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  30. Anonymous 4,

    Congratulations!! Best of luck to you. Thanks so much for keeping us in the loop.

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  31. Hey, good job #4!!! We're rootin' for ya!

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  32. Hey #4,
    I will call myself #3. I just received my contract on Tuesday it wasn't dated July 15th did you just get yours? Waiting on my lawyer.

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  33. I wish you the best #4. I can't wait to watch the show!! It is so exciting! I know I may regret not going forward, but I have to trust my gut feel, and that is to pass. I am so glad that you, Tracy, have given us this place to chat about the process. Thank you.

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  34. Thanks Alisa,
    I love your product!!!!IT is a great and beautifully designed product. Have you tried high end dept stores? I'm sure you have a lot of money and plus it is hard because it takes so much your product is really "your baby" and it is really hard to give up control to someone else that has there best interest in mind. The world is full of opportunities and I'm sure you will find them.

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  35. Alisa,
    I actually had thoughts of IF I made the show I was hoping I wouldn't be put up against you because I thought...her product ROCKS! It's PERFECT for HSN and if it's a competition she would totally kick my behind! I think that you could go to HSN direct now and get on with out the TV show! I'm sure I'll be ordering from you soon. :)

    #4 :)

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  36. #4 I think that they have already conferred with HSN, because they need to know what target market they are shooting for don't you think? I think that you said that yours is in the prototype stage, how long have you been working on it and do you think it will be hard or easy to produce it? Big congratulations? :0)

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  37. It's an idea I have had for about 5 years, but I started making the prototype several months before the audition. I know ANY type of production is difficult, but mine is not as complicated as others. Totally doable for the amount of time they have scheduled.

    #4 :)

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  38. OH yeah #4,where did you audition? I am wondering because it seems like the people from the New York and earier auditions got the contract first? I auditioned at the very last casting call. I wish I would have met Tracy but I didn't get there until afternoon.
    #3 : 0 )

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  39. Also, I know Tracy said that a WI that got a contract July 15th stated that they were going to film in August. Has that happened for her or did she even sign?
    #3

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  40. They are saying that production is scheduled for early September for the show that is tentatively called "Mom, Inc."

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  41. Good morning!
    The WI that was told production would be starting in August chose to pass on the contract. She has her product for sale and is doing very well.
    The show might be called Mom, Inc? Are all of you that received contracts Moms?
    Also, anyone from the Chicago casting call get a contract?
    If I wasn't so nervous at the casting call, I would have networked more so I could have met more of you wonderful ladies!

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  42. Does anyone know how this will work? Are 2 people going to compete against each other and the one choosen get their product manufactured? What happens to the second girl? Are they let out of their contract? or do they give up their company for 7 years? Does this mean 1/2 of the girls loose their rights for 7 years? And is the 20% of YOUR profits for the life of your company? Also who is manufacturing the product HSN?

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  43. Hi Tracy and anonymous,
    Yes, I did go to the casting in Chicago and received a contract. I know what you mean about being nervous! I wasn't even that nervous giving birth. I thought that it went well except,I know that they said that they are looking for "great personalities" and I thought "how in the world can you show a great personality when you are terribly nervous" but I think they understand that.
    I was there until 7:30 that night,immediatly went upstairs to the bar and had two drinks. I rarely drink but I had to get myself settled down. Ha! I was so exhausted I wasn't sure I could walk the two blocks back to my hotel. Keep in mind that I have been trying to get my product to market for years and have spent over 40K!!!!So, I kind of felt like this was a do or die situation for me. It's really a long story but hopefully I will get to share it with all of you and help in some way.
    AS for the premise of the show you raise some great questions. I was told the simular scenario that you spelled out with 2 wi a week. What does happen to the ones that don't make it through????? Well, I know we should never give legal advice but what interest in the world would they have if they never get to sell our product? I think none because they figure if it wasn't popular enough to go on then why would we need a contract with them? Does that make any sense. I know that they are searching for another name for the show for the reason that a WI may not be a mother (that's what they told me). I know that the letter that theywent me from legal stated that we can contact them with any questions so give then a shout. I am going to talk with my lawyer here in about an hour, so I will post if he tells me anything new. Also, it staes that it is a period of two years after the 7, which is the non-exclusive period and that they will get 20%. Hopw this helps guys.

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  44. Did anyone who submitted a video get a contract?

    Just curious,
    Della

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  45. Hey Tracy,
    Did you say that you have some exciting news that you can barely keep a secret????? I was reading momprenuers and saw your post!!!!! When will you reveal your news! Yes, we all love exciting news?

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  46. Woohooo! I may not have gotten a contract but something really wonderful happened when I went to the casting call and I am working on it now. It'll be about 3 or 4 weeks until I can spill the beans but I am telling you all, you will not be disappointed!
    Let's just say, it's something we ALL need (it's not an invention/product).

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  47. Dear Anonymous, We are giving up soooo much if this dosen't fly. Please let me know what your lawyer says. Mine said no way, but I have a new lawyer and he really dosen't understand my product. We never had a meeting as of yet. My lawyer took a new job in a different state! Help, I too have about $60,000. in this thing. Thanks. I would hate not to be able topromote it for 7 years if they don't want me. Then what??? I wrote then 3 times. No answers yet! AND (Tracy) I'll tell you my product as soon as I decide what I'm doing. Maybe you CAN help me. Great video. Good Luck, I love it!

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  48. Thank you all for this valuable information! I have not received a contract (yet?, but met some absolutely wonderful women at the Chicago casting call. That made it worthwhile. I wish all of you luck... and, Tracy, I love your video!

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  49. One last check of my blog before I head to the beach...thanks everyone for saying you like the video...it's always nerve racking trying to promote yourself and your invention!
    Have a great weekend!

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  50. I just spoke with my lawyer who is my friend. He deals in insurance contract law, so while he could tell me the jist of it, he urged me to consult with an intellectual property lawyer!!!!!! I know that is so weird that they don't give any provision for "their" non proformance. He was also very,very concerned that I not tell anyone because of the confidentiality clause. He said to take it very seriously because you know how things get around. Also, they only gave us 5 business days to have a lawyer advise us, guess they have the upper hand what can you do. I would love to know what road you chose. All the best!

    #3 contract :)

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  51. The contract was so vague and my lawyer said if I didn't like the show premise and wanted out, it would be very difficult. Also, these were a few of the sections that worried me...

    They basically can ask you to appear as much as they want, whenever and wherever, for up to 3 years. (How do I do that with children and a working husband?) They can represent YOU the way they want to. They basically can add verbiage and content to anything you say. (This is where reality shows mix things up to make it more interesting) They have FULL discretion over hair makeup, appearance.

    4. DEVELOPMENT: This section states that they do "intend" to develop your product, but if you fail to cooperate in ANYWAY, they will terminate this agreement and you cannot use the "product" for the contract term, which I read as seven years.

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  52. Well the contract is slated that's for sure! You just have to make the best decision you can with your particular set of circumstances. For me, I basically have to sign. I just have so much money wrapped up and really no capital left to make it a successful go on my own. I could get screwed but it's not my only good idea (product/invention) I have or will ever have so I'm taking a leap of faith!!!! I would love to know what you decide. I'm sure you will have strong feelings either way. Let me know.
    #3 contract

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  53. I just want to say WOW!! GReat job ladies!! I can't wait to see the show either..I was at the Chicago call late, I was almost the last one and I had my little girl w/me who uses a walker...I am excited for everyone!!!

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  54. HI Kristen,
    I was the seond to the last in Chicago(the first day of casting) I didn't see you! My son used a walker until a few months ago and through intense therapy etc... he just started walking on his own!!!!!I wish I would have met you. I saw that you live in Ohio, so do I. I live near Mentor/Kirtland. Where are you and what is your product.
    Lori

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  55. Lori,

    It was good talking to you the other day. Sorry if I talked your ear off. My sister could have used your friends Safety Tats. Her 10 yr old daughter is autistic and her teacher wasn't paying attn and put her on the wrong bus on the 1st day of school. Then the bus driver just let her off on a busy road. She wandered down the st crying until a stranger picked her up but she couldn't remember her phone number or address because she was so upset, thankfully she was at an intersection she remembered and she could show him how to get to her house. A safety tat would have been so helpful. My sister and the police were out driving around the streets of Memphis when the good samaritan brought her home. Needless to say the school got quite an earful about their negligence. Perhaps your friend should try selling them to schools for special needs kids. It would be helpful for the careless adults to see the saftey tat but she had all the info in folder and no one read it. My niece won't be riding the bus anymore and her parents are thinking of getting her a cell phone.

    Regards,

    Cherie

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  56. WOW, THat is a terribly frightning story! My friend Michele Welsh does have Safetytats for autistic children. FOr those of you that don't know what were talking about,a W.I and one of my dear friends, has a fantstic product that is getting a TON of attention. You can go to www.safetytat.com and check it out. It is a temporary tatoo for children that you can write your phone number on, so that if your ever separtated from your children, you can be quickly reunited. She has quite a few categories, like children with nut allergies etc...Please check it out if you have children of school age or non verbal, autictic etc...
    I know Cherie, I told her that I would take them to my son's school and that they should have a fund raiser with them but I don't know her business plan. You know they are great if your going anywhere that you don't want to be seperated from your child. A field trip, the beach, amusment park, or let's say your child has a nut allergy and goes to a party or friends house!!!! Anyway, ladies check out her website.
    Thanks for letting me know Cherie and I'm sorry that that happened to your friend. I can't even imagine how scared she was. My head would have popped off with that one.
    Lori

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  57. I love the safety tat idea. We did that to our kids at Disneyland, wrote our cell numbers on their arms. Seems weird, but when it is so crowded you can take chances.

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  58. Whoops, I meant to write "You can't take chances." :)

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  59. This is a great blog and forum for exchange! I'm so glad I found it! I also auditioned and have heard nothing back. However, hearing the details of the 7 years exclusivity, I'm afraid I'm way too far along to agree to any of that. I can make myself think that they realized this as well :). I am an entrepreneur and inventor and my line of products is being sold worldwide. I can tell you it takes much dedication and persistence and money to bring a product to market. So, regarding the 7 year exclusivity clause, my personal advice is that if you are at a breaking point where you don't have the means to fund inventory and marketing, then you should go for the contract. However, if you have the funds and can afford to work without a paycheck for several years, then don't sign this contract. I have a blog about what's involved as an inventor and entrepreneur. If you are interested, check out http://www.yogastickysocks.1shoppal.com/Blog.html or my website at www.YogaStickySocks.com. I am happy to try and answer anyone's questions.

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