TERMS AND CONDITIONS FOR PRODUCT SUBMISSIONS AND COLLABORATIONS

1. BINDING AGREEMENT & CONSTRUCTIVE NOTICE

By initiating communication, submitting a review request, or shipping merchandise to the Prepared Guy channel ("the Channel"), the manufacturer, distributor, or representative ("Submitting Party") acknowledges and agrees to be bound by these Terms and Conditions (Restatement (Second) of Contracts § 19; NH RSA 382-A:2-204).

• Assumption of Consent: As an established staple in the Everyday Carry (EDC) and preparedness community, the Channel operates under the public presumption of these terms. Any attempt to collaborate—whether via the official submission portal, direct email, or third-party outreach—constitutes an agreement to these terms (NH RSA 382-A:2-204).

• Constructive Notice: The Submitting Party is deemed to have read and accepted these terms, which are prominently displayed on the main and collaboration pages of www.preparedguy.org (15 U.S.C. § 7001; NH RSA 293-B).

• Email Disclosure: Because the website link is provided in all official correspondence, the Submitting Party is held to these terms regardless of whether they have physically visited the site. Ignorance of these terms does not exempt the Submitting Party from their application (NH Common Law - Duty to Read).

2. VALUATION OF COLLABORATION & NON-COMPENSATION

The Channel provides a platform for organic exposure in exchange for the submitted product. This is a non-monetary exchange of opportunity.

• Production Costs: The Channel invests its own time, technical resources, and capital to produce each feature. On average, production costs range from $1,500 per video (NH RSA 358-A).

• Product Valuation: Submitted products are not considered "compensation" or "payment" for services. The monetary value of most featured products is significantly lower than the Channel’s internal production costs.

• Cost vs. Retail: For the purpose of this agreement, product value is calculated at the manufacturer’s cost, not the suggested retail price (MSRP).

• Prohibition of Paid Features: The Channel does not accept monetary compensation to feature a product. Product collaborations cannot be purchased, and the Channel maintains a strict policy against "pay-to-play" content to ensure audience trust (16 C.F.R. § 255).

3. NON-OBLIGATION & PRODUCTION DISCRETION

• No Binding Contract: Initial acceptance of a collaboration request does not constitute a binding contract to produce or publish content (Restatement (Second) of Contracts § 34).

• No Guarantee of Feature: Submission provides only the opportunity for a product to be featured. While the Channel aims to feature as many acceptable products as possible, it does not guarantee that any submitted product will reach the final stages of publication (Restatement (Second) of Contracts § 2).

• Good Faith Communications: Even if representatives of the Channel engage in preliminary production steps, the Channel reserves the absolute right to cease production at any stage without liability (NH Common Law).

4. ABSOLUTE EDITORIAL INDEPENDENCE

The Channel maintains absolute editorial independence (U.S. Const. amend. I; NH Const. pt. 1, art. 22). The acquisition of a product does not create a "work-for-hire" relationship or fiduciary duty (17 U.S.C. § 101).

• No Veto Power: The Submitting Party reserves zero rights to the final outcome, content, or sentiment of the video produced.

• No Influence: The Submitting Party is strictly prohibited from dictating portrayals, talking points, or scripts. The Channel owes no loyalty or duty to the Submitting Party regarding brand reputation.

• No Preview Rights: The Channel is under no obligation to provide "preview" copies or seek approval prior to publication.

5. PROHIBITION OF RESTRICTIONS AND DEADLINES

The Channel operates on its own internal testing and production schedule.

• No Deadlines: The Submitting Party shall not impose deadlines or expedited schedules (NH RSA 382-A:2-309).

• No Restrictions: The Channel will not adhere to "creative briefs" or restrictions on how the product is tested, compared, or criticized.

6. LOGISTICS, TESTING, AND QUALITY CONTROL

• Submission Standards: Units must be production-ready and in original packaging (15 U.S.C. § 2301 et seq.). The Submitting Party is responsible for all shipping costs, duties, and taxes.

• Testing Period: A minimum 14-day field-testing phase is required. The Channel reserves the right to reject any product that fails to meet durability or safety standards (NH RSA 382-A:2-513).

• Two-Strike Policy: If a Submitting Party provides two defective or "Dead on Arrival" (DOA) units, they will be permanently blacklisted from future collaboration.

7. PERMANENT PRODUCT ACQUISITION (NON-RETURN POLICY)

Upon delivery, all products and materials become the permanent property of the Channel (NH RSA 382-A:2-401).

• No Returns: The Channel will not return any products under any circumstances. This applies to products that pass, fail, or are rejected (39 U.S.C. § 3009).

• Usage Rights: Products are retained for long-term durability testing, comparative analysis, and archival purposes.

8. INTELLECTUAL PROPERTY & UNAUTHORIZED USE

All content produced by the Channel is the exclusive intellectual property of Prepared Guy (17 U.S.C. § 106).

• Restricted Use: The Submitting Party may not use the Channel’s name, logo, or video clips for commercial advertising, marketing, or social media promotion without a separate, express written licensing agreement (15 U.S.C. § 1125; NH RSA 350-A).

• Liquidated Damages for Unauthorized Use: Any Submitting Party found in violation of this section (Unauthorized Use) accepts personal and corporate liability and automatically agrees to pay the Channel $5,000 USD in immediate compensation for the breach of agreement (NH Common Law - Liquidated Damages).

• Copyright Infringement Fines: A separate fine of up to $10,000 USD may be imposed for direct copyright infringements, including the unauthorized re-uploading or modification of the Channel's media (17 U.S.C. § 504).

• Legal Enforcement: The Channel’s legal team will aggressively pursue damages for any intentional or unintentional violations of this section.

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

The Submitting Party agrees to indemnify and hold harmless Prepared Guy from any claims or legal fees arising from the testing or review of the submitted product (NH Common Law). The Channel is not liable for any perceived "loss of sales" or "brand damage" resulting from an honest, technical, or critical review (47 U.S.C. § 230).

10.EMBARGO PARITY, PUBLIC DISCLOSURE, AND HOLD FEES

• Market Parity & Embargo Integrity: In the digital creator and influencer economy, search placement, viewer engagement, and algorithm performance rely strictly on timely release parity. When an embargo or hold date is requested by the Submitting Party, it is understood to be universally binding across all participating creators, distributors, and retail partners.

• Public Breach & Premature Exposure: If the submitted product, its core specifications, or practical demonstrations are published publicly by any third party—including but not limited to unboxings, short-form videos, or full-length reviews on YouTube or other public media—prior to the requested hold date, the embargo is deemed null and void. The Channel owes no duty to maintain confidentiality or suppress finished content once the product exists in the public domain.

• Right to Immediate Publication: Upon constructive notice of any premature third-party publication, the Channel reserves the absolute right to publish its completed coverage immediately to mitigate irreversible search placement suppression and audience cannibalization (Restatement (Second) of Contracts § 350; NH Common Law - Mitigation of Damages).

• Mandatory Postponement Hold Fee: If the Submitting Party insists, requests, or demands that the Channel continue to withhold, unlist, or postpone scheduled content after public disclosure has occurred, such hold ceases to be an organic collaboration and constitutes a private commercial delay. The Submitting Party agrees that retaining finished content under a compromised embargo causes direct financial and promotional harm to the Channel. Consequently, any enforced hold following a public breach shall incur a mandatory, non-negotiable Postponement Hold Fee to cover production capital, studio allocation, and lost launch-window traffic (NH RSA 358-A; NH RSA 382-A:2-719). Release of the video on the requested date remains strictly contingent upon the complete settlement of this fee prior to broadcast.

11 FINALITY OF AGREEMENT

These terms constitute the entire agreement between the parties and supersede all prior negotiations or verbal promises (Restatement (Second) of Contracts § 209; NH RSA 382-A:2-202). By sending a product, the Submitting Party waives all rights to contest the Channel’s creative and technical process.