SECTION: 12 COMMERCIAL RULES

The following provisions form part of the Participation Agreement and Tournament Manual setting out the terms and conditions of participation in the Tournament. They regulate the commercial aspects of participation in the Tournament. No Club may participate in the Tournament unless it has accepted these Commercial Rules and has agreed to be bound and to abide by them. Participation in the Tournament shall be deemed to signify such acceptance and agreement.

1. Introduction

1.1. These Commercial Rules identify the respective commercial rights of the Host Union and the Clubs in connection with the Tournament. They define the scope of the commercial obligations placed on the Clubs in connection with the Tournament and clarify the extent of the support that each Club is expected to provide to the Host Union commercial programme in connection with the Tournament.

1.2. Capitalised terms used in these Commercial Rules shall, unless defined elsewhere in these Rules, have the meanings ascribed to them in the Tournament Manual.

1.3. The term “Host Union” shall include the appropriate right, action, decision and obligations to the Company in accordance with the Host Union Agreement.

2. Commercial Rights

2.1. The Host Union is the absolute and outright legal and beneficial owner of all of the Commercial Rights.

2.2. The Host Union has absolute discretion with respect to the Commercial Rights. It may exploit some of the Commercial Rights itself; it may authorize others (including for the avoidance of doubt, any Union or Club) to exploit all or some of the Commercial Rights; and/or it may decide not to exploit (or to allow other to exploit) some of the Commercial Rights. The Host Union may also appoint a third party (the “Company”) to act as broker or agent or to manage or communicate on behalf of the Host Union with respect to some or all of the Commercial Rights.

2.3. Save where expressly provided to the contrary in these Commercial Rules, all of the Commercial Rights shall be reserved in their entirety to the Host Union and/or it designees, and all of the revenues arising from the exploitation of the Commercial Rights shall accrue to the Host Union.

2.4. All Commercial Rights other than the Club Rights are reserved to the Host Union (the “Reserved Rights”) to be exploited (or not) as the Host Union in its absolute discretion shall see fit. Save as expressly agreed in writing by the Host Union, no Club is authorized or entitled to sell, license or otherwise exploit any of the Reserved Rights. For example (but not by way of limitation), no Club is authorized of entitled to exploit or grant to an third party the right to exploit any of the following rights in relation to the Tournament television broadcasting rights, radio broadcasting rights, web casting rights, sponsor rights; Man of the Tournament awards, the Tournament ball sponsorship, referee audio-link rights or advertising or sponsorship rights.

2.5. Further to clause 2.4, the Host Union authorises each Club to generate, and retain income thereby, from Club Rights. Club Rights are defined as follows:

2.5.1. All income from the Sponsorship and Merchandising of the Clubs playing and touring kit and uniforms;

2.5.2. All Sponsorship and License income generated by the Club in its own territory as a consequence of the Club participating in the Tournament;

2.5.3. Should a Club wish to seek approval for any other forms of income, then such correspondence should be addressed to the Tournament Director on which who’s decision shall be final.

2.6. Each Club shall support the programme established by the Host Union for the exploitation of the Reserved Rights. In particular (although without limitation):

2.6.1. No Club shall, without the prior writer approval of the Host Union:

2.6.1.1.work together with any other Club to market any or all of the Club Rights collectively; or

2.6.1.2.exploit any Club Rights in a manner that conflicts with the terms of these Commercial Rules or that, in the opinion of the Host Union, detract from the primacy of the programme established by the Host Union for the exploitation of the Reserved Rights or is demeaning or damaging of the reputation of the Host Union, the Tournament, any Commercial Partner, or any Club.

2.6.1.3.Provided that for the avoidance of doubt where the manner of the Club’s exercise of the Club Rights interferes with the Host Union’s exploitation of the Reserved Rights, upon request by the Host Union, the club shall immediately cease and desist from exercising the Club Rights in that manner.

2.6.2. Each Club shall, in consultation with the Host Union and/or the Commercial Representative, follow the procedures for proper exploitation of the Reserved Rights and the Club Rights/

2.6.3. Each Club shall use its best endeavours to assist the Host Union in combating activities that undermine the Host Union’s commercial programme for the Reserved Rights, including so-called “ambush marketing” activities such as (without limitation):

2.6.3.1.unauthorized branding, advertising, promotional and marketing activities based around the Tournament;

2.6.3.2.unauthorized creation and/or use (including but not limited to broadcasting, narrowcasting and/or web casting) of video footage and/or audio commentary of the Tournament;

2.6.3.3.unauthorized distribution, by any medium (including but not limited to internet, intranet, online service, interactive TV service, WAP or other telephony service or other interactive media content distribution service), of (a) any live, delayed or recorded textual or narrative match commentary or “match tracker” type commentary and/or (b) any live or point by point scoring.

2.6.4. without limiting the generality of clause 2.5.3. above, each Club:

2.6.4.1.shall deny access to the Venue to anyone who may be reasonably expected to act in a manner that undermine the Host Union’s commercial programme for the Reserved Rights;

2.6.4.2.shall access to journalists and other media representatives only in accordance with Media Rules;

3. Specific Obligations of Clubs Relating to Use of intellectual Property

3.1. Each Club shall comply with the directions of the Host Unions with regard to use of the Marks.

3.2. Any and all use of the Marks shall be subject to the prior written approval of the Host Union and/or one or more of its Commercial Partners, as applicable.

3.3. Ownership of the Marks vests in the Host Union and/or more of its Commercial Partners, as applicable. All goodwill generated by use of the Marks is held by the Clubs of trust for the owner(s) of the Marks.

3.4. No Club may sub-license the use of the Marks to any third party.

3.5. In the event that any Club wishes to use the Marks for commercial purposes, any such use and the terms thereof shall be subject to the prior written approval of the Host Union which the Host Union shall in its absolute discretion give (conditionally or otherwise) or withhold, as it shall see fit.

3.6. Each Club agrees that the Host Union and the Commercial Partners may make use of the Club Logo, name, nickname(s), colours and regalia in connection with the transmission (via any medium) of coverage of Matches, as well as in advertising and promotional material (such as, without limitation, television promotions, posters and advertising), and Tournament-related licensed merchandise, in each case without charge; provided always that no such use shall suggest individual endorsement by any Club of the products or services of any of the Commercial Partners, and each Commercial Partner shall only be entitled to use a Club Logo collectively with one or more logos of other Clubs in connection with the promotion of that Commercial Partner’s involvement with the Tournament.

3.7. Each Club shall procure the agreement of each of the players registered to play for the Club in the Tournament agrees that the Host Union and the Commercial Partners may make use of the names, images and other attributes of the players (in their capacity as representatives of the Club playing in the Tournament) in connection with the transmission (on any media) of coverage of Matches, as well as in advertising and promotional material for the Tournament (such as, without limitation, television promotions, posters and advertising), in each case without charge; provided always that no such use shall suggest individual endorsement by any Club or player of the products or services of any of the Commercial Partners. Further thereto, each Club shall procure the attendance of its players at such photographic, filming and interview sessions as the Host Union may reasonably require. It is agreed that any use pursuant to this clause of player images that include at least 3 players. This shall be deemed not to suggest individual endorsement by any such player of the products or services of any of the Commercial Partners.

3.8. Prior to the Tournament each Club participating in such Tournament shall, if requested by the Host Union and at the cost to the Host Union:

3.8.1. deliver to the Host Union one up to maximum of ten of their Club jerseys, each signed by each player registered to play for the Club in the Tournament for promotional and/or marketing use by the Host Union but not for resale.

3.8.2. procure that each player registered to play for the Club in the Tournament shall sign those Match balls (up to a maximum of 15 per Match) provided by the Host Union each again to be used for promotional and/or marketing purposes by the Host Union and not for resale.

Date: 2016-03-03; view: 625