Great gesture Spiderman, but I don't think SEC would allow it, then again, I'm not a SEC lawyer so legal advice I can't say with any certainty.
Either way, I really feel to keep Markiplier fans connected they'll need to update again before the weekend, and then get shipping within 10 - 15 days. I feel that is more than enough grace period considering it's the first box and their statement of the shirts back on track and working on getting things in place to finally start shipping.
I also feel the company's board members need help in any way possible. This is a golden opportunity with subscribers already signed up NOW and just waiting for the product Once that product ships and the value is there, we start to gain loyalty and also more fans who may have not signed up previous, which increases the revenue.
The one thing I liked about the email is the licensure point - not as an excuse - but as a means of driving product. I just read an article about how a lot of independent comic companies are putting a dent in Marvel and DC's market share because they go after products already licensed and have a fan base. To me, Markiplier was first (over 14 million subscribers) although he isn't a brand per se, he has the numbers. Pointing out that a DC character action figure is great - it adds to the interest for those looking for DC stuff. ZWAGbox can absolutely explode once the packaging and shipping get going. That has been my point of this potential. They already have the subscribers in hand - signed up - just need to get shipping.
thanks again spiderman, docg