INK THREAT SUBMISSION POLICY AND AGREEMENT

Artwork for t-shirts and other items sold by Ink Threat, LLC, or its partners, affiliates, or agents (collectively, "Ink Threat") comes from a variety of sources, including Ink Threat, its employees, affiliates, licensees, and other third parties. Ink Threat also accepts submissions from customers and the public, but only pursuant to the terms set forth in this agreement. INK THREAT WILL NOT ACCEPT ANY SUBMISSION UNLESS THE ARTIST EXPRESSLY AGREES TO THE TERMS OF THIS AGREEMENT.

The person below (the "Artist") desires to submit artwork or other creative content (the "Design") to Ink Threat to evaluate and review. The parties understand and acknowledge as follows:

1. Ink Threat is continuously engaged in active research and development programs that may have content, ideas, functions, features, or other aspects that are similar or identical to the content, ideas, functions, features, or other aspects of the Design.
2. Other persons, including Ink Threat, its employees, affiliates, licensees or other third parties may have originated or submitted to Ink Threat or to others, or may in the future originate and submit, Design that is similar or identical to the Design. It is agreed the Artist will receive compensation under this Agreement only if Ink Threat uses the Design exclusively because of the Artist's submission of the Design.
3. Artist agrees that Ink Threat assumes no obligation to (i) return the submitted Design, (ii) compensate the Artist in any way for the non-commercial use of the Design, (iii) proceed with negotiations of any kind respecting the Design, or (iv) furnish Artist with any information respecting the results of Ink Threat's evaluation or its reasons for not proceeding further.
4. Ink Threat does not invite, nor will it knowingly accept any submission if the submitted Design or any information contained in the Design is considered by Artist or a third party to be confidential, private, or proprietary. Thus, the Artist expressly warrants that any submission of Design is not confidential, private, or proprietary. In the event any third party makes any claim against Ink Threat relating to its possession, use, or transfer of the Design, Artist agrees to defend and indemnify Ink Threat against such claims. The Artist expressly waives and releases any claim that it could have against Ink Threat for Ink Threat's possession, use, or transfer of the Design.
5. Ink Threat is not liable for the loss or destruction of the Design. Artist expressly warrants that it has retained at least one copy of the Design, and hereby releases Ink Threat from any and all liability for loss of or damage to the copy or copies of the Design it submits to Ink Threat.
6. Ink Threat does not invite, nor will it knowingly accept any submission from anyone who does not have full and exclusive rights to the Design. Artist expressly represents and warrants that the Design is original with Artist; that Artist is the sole owner of the Design; that Artist has the exclusive right to submit the Design to Ink Threat, and that Artist has the power and authority to grant Ink Threat any and all rights in the Design.
7. Artist expressly represents and warrants that it has not submitted the Design, nor any similar Design to any other party. Artist grants Ink Threat the sole and exclusive right to consider the Design for use. In the event Artist wishes to revoke Ink Threat's exclusivity in this regard, or wishes to submit the Design to anyone else, it will inform Ink Threat in writing.
8. Artist agrees that Artist will not disclose the fact that it has submitted the Design to Ink Threat, or in any way use Ink Threat's consideration of the Design.
9. Artist hereby acknowledges and agrees that there are no prior or contemporaneous oral or written agreements in effect between Artist and Ink Threat pertaining to the Design submitted hereunder or any other Design. This written agreement is the sole expression of the relationship between Ink Threat and Artist. Any modification to this agreement must be done in writing. Artist agrees that no oral representations of any kind have been made to Artist.
10. Nothing in this Agreement shall be construed as creating any obligation or an expectation on the part of either party to enter into a business relationship with the other party, or an obligation to refrain from entering into a business relationship with any third party. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership or employment relationship between Ink Threat and Artist. Both Ink Threat and Artist understand and agree that Ink Threat and Artist are independent contractors vis-a-vis one another. Except as specified herein, no party shall have the right, power or implied authority to create any obligation or duty, express or implied, on behalf of any other party hereto.
11. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of Utah, excluding its conflict of law rules, and any action relating to this Agreement or its enforcement shall only be brought in a state or federal court in Salt Lake City, Utah. In the event that any provision hereof is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
12. Artist certifies that Artist has read this Agreement and that Artist understands it. ARTIST UNDERSTANDS THAT INK THREAT IS RELYING UPON THIS AGREEMENT IN AGREEING TO ACCEPT ARTIST'S SUBMISSION OF THE DESIGN AND WOULD NOT ACCEPT ARTIST'S DESIGN WITHOUT IT.

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