Testimonial Agreement

Submission of my testimonial is subject to the following terms and conditions.

1. I have been informed and understand that Triumph Pharmaceuticals Inc. (Triumph) is collecting testimonials (Testimonials) of persons who use SmartMouth and/or TriOral (Product) and that I intend to submit my testimonial on Triumph's website, www.smartmouth.com.
   
   
2. I grant Triumph and its assigns the right to use in whole or in part my name, occupational data, city of residence, opinions as embodied in such Testimonial, whether transferred to other Triumph websites, CD-ROM, DVD, or other media, now known or later developed. The grant includes without limitation the right to use or re-use the Testimonial as Triumph may elect.
   
   
3. Triumph or its designees shall have complete ownership of the testimonial that I provide, including copyright interests in the same. I also grant Triumph and its designees the right to broadcast, exhibit, market, and otherwise distribute the testimonial, either in whole or in parts, for commercial or non-commercial use. This grant includes the right of Triumph to use the testimonial for the promotion or advertising of Triumph’s product. I understand that Triumph may share my information with its affiliated companies and business partners, such as companies it works with to prepare advertising or other materials. The rights granted Triumph herein are perpetual and worldwide.
   
   
4. I confirm that I have the right to enter into this Agreement, and that Triumph has no financial commitment or obligations to me as a result of this Agreement. I understand that Triumph is under no obligation to publish or use my testimonial. I acknowledge Triumph has provided no financial or other consideration in exchange for my testimonial.
   
   
5. I warrant that I am 18 years of age or older, and that I have every right to contract in my own name. I warrant that any testimonial I provide will be a true and accurate representation of my experience with Triumph's Product.
   
   
6. I have read and understood each and every word of the foregoing prior to acceptance. I evidence my agreement with the foregoing terms of this Testimonial Agreement by submitting the testimonial web form on Triumph's site.
   
   

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SmartMouth Mouthwash
16 oz and 8 oz sizes available