**Quick update** After researching the sellers and calling them, they said that they have not had any returns on their key so I went ahead and purchase a replacement Smart Key off Ebay for $67.00 here is the website for (http://www.ebay.com/itm/120736178482?ss ... 1439.l2649
I took it to Infiniti Dealer and was able to program the key.
Here is the hint, don't tell the dealer that you got the key off Ebay, they really hate it and will tell you that Ebay sells fake key and that it most likely wont work, I told them the dealer I got my car from send it to me :-)
Anyways the service manager said they were not able to program it on Option 3 but they were able to program it on Option 2.
So I paid $65 for programming and $68 for the key, Infiniti Dealer wanted $265 - Total savings $150.00. Hope this helps.