Common use of Licensing and Marketing Clause in Contracts

Licensing and Marketing. (a) AFL shall continue to be solely responsible for licensing and marketing of AFL branded products and services featuring AFL Intellectual Property only. (b) In respect of products and services branded with a combination of AFL Intellectual Property and Player Image the: (i) Parties shall jointly develop, procure and engage dual licensing opportunities and arrangements and work together to identify business opportunities for exploiting such products and services; (ii) AFL shall administer such dual licensing arrangements; (iii) AFL shall obtain the AFLPA’s approval of key commercial terms of such dual licensing arrangements such as royalty rates and extent of Player Image use, such approval not to be unreasonably withheld or delayed; (iv) AFL shall meet with the AFLPA on a regular basis to provide updates regarding the activities of the dual licensing program, including without limitation, provide copies of executed contracts, and/or commercial arrangements. (c) The Parties agree on a revenue split of the royalties received from licensing activities containing Player Images (save for DVD’s of Matches), regardless of the number of Players contained in such activities as follows: (i) 65% of royalties to the AFLPA; and (ii) 35% of royalties to the AFL, save for Player Image use in computer games, where the revenue split will be 50- 50. (d) In the event the total royalties payable to the AFLPA under this clause totals less than $1,500,000 in any year, the AFL agrees to pay to the AFLPA an amount equal to the difference between the actual amount due and $1,500,000. (e) In respect of products and services featuring Player Image only, Players shall be entitled to continue such promotion subject to observing the restrictions in respect of AFL Protected Sponsors and relevant AFL Club Protected Sponsors. Additionally, it is acknowledged that the AFLPA shall be entitled to conduct a licensing and marketing program featuring Player Image only, provided that such program shall not prejudice AFL licensing and marketing conducted in accordance with clauses 27(a) and 27(b). (f) The promotion by a Player of an AFL Club Sponsor, other than where such promotion involves the promotion of Australian Football, shall be regulated in accordance with clause 11. (g) AFLPA undertakes not to enter into any licensing program utilising Player Images other than in accordance with the provisions of this Agreement and agrees that any other licensing arrangement that it enters into will not conflict with a sponsor of the AFL, or the Licensing Activities of the AFL. (h) Notwithstanding any other provision of this clause 27, the licensing and commercial operations arrangements set out in Schedule E shall also apply to the use of Player Images.

Licensing and Marketing. (a) AFL shall will continue to be solely responsible for licensing and marketing of AFL branded products and services featuring AFL Intellectual Property only. (b) In respect of products and services branded with a combination of AFL Intellectual Property and Player Image Intellectual Property the: (i) Parties shall will jointly develop, procure and engage dual licensing opportunities and arrangements and work together to identify business opportunities for exploiting such products and services; (ii) AFL shall will administer such dual licensing arrangements; (iii) the royalty rates and fees set out in the AFL shall Licensing Guidelines and Memorabilia Signing Guidelines at Annexure A (as applicable) will be applied, unless AFL and AFLPA agree otherwise in writing; (iv) AFL will obtain the AFLPA’s approval of key commercial terms of such dual licensing arrangements such as royalty rates and extent of Player Image useuse (except where royalty rates are already agreed in the AFL Licensing Guidelines), with such approval not to be unreasonably withheld or delayed; (ivv) AFL shall will meet with the AFLPA on a regular basis in accordance with the AFL Licensing Guidelines and will provide such information to AFLPA as is required in those Guidelines to provide updates regarding the activities of the dual licensing program, including without limitation, provide copies providing key terms of executed contracts, and/or commercial arrangements. (c) The Parties agree on a revenue split of the royalties received from licensing activities Licensing Activities containing Player Images (save for DVD’s of Matches), regardless of the number of Players contained in such activities as follows: (i) 65% of royalties to the AFLPA; and (ii) 35% of royalties to the AFL, save for Player Image use in computer video and console games, where the revenue split will be 50- 50-50. (d) In the event the total royalties payable to the AFLPA under this clause totals less than $1,500,000 the Licensing Minimum Guarantee in any year, the AFL agrees to to: (i) pay to the AFLPA an amount equal to the difference between the actual amount due and $1,500,000the Licensing Minimum Guarantee (Shortfall); and (ii) redirect the Shortfall in equal part to the Injury and Hardship Fund and Marketing Fund. (e) Notwithstanding anything in clause 31(d), for the avoidance of doubt, the Licensing Minimum Guarantee will be not less than the amount set out in item 2 of Schedule 3. (f) In respect of products and services featuring Player Image only, Players shall will be entitled to continue such promotion subject to observing the restrictions in respect of AFL Protected Sponsors, AFLW Protected Sponsors and relevant AFL Club Protected SponsorsSponsors and AFLW Club Protected Sponsors as set out in Schedule 6. Additionally, it is acknowledged that the AFLPA shall will be entitled to conduct a licensing and marketing program featuring Player Image only, provided that such program shall will not prejudice AFL licensing and marketing conducted in accordance with clauses 27(a31(a) and 27(b31(b). (fg) The promotion by a Player of an AFL a Club Sponsor, other than where such promotion involves the promotion of Australian Football, shall will be regulated in accordance with clause 118. (gh) AFLPA undertakes not to enter into any licensing program Licensing Activities utilising Player Images other than in accordance with the provisions of this Agreement and agrees that any other licensing arrangement Licensing Activities that it enters into will not conflict with a sponsor of the AFL, or the Licensing Activities of the AFL. (hi) Notwithstanding any other provision of this clause 2731, the licensing and commercial operations arrangements set out in Schedule E shall AFL Licensing Guidelines will also apply to the use of Player Images.

Licensing and Marketing. (a) AFL shall continue to be solely responsible for licensing and marketing of AFL branded products and services featuring AFL Intellectual Property only. (b) In respect of products and services branded with a combination of AFL Intellectual Property and Player Image the: (i) Parties shall jointly develop, procure and engage dual licensing opportunities and arrangements and work together to identify business opportunities for exploiting such products and services; (ii) AFL shall administer such dual licensing arrangements; (iii) AFL shall obtain the AFLPA’s approval of key commercial terms of such dual licensing arrangements such as royalty rates and extent of Player Image use, such approval not to be unreasonably withheld or delayed; (iv) AFL shall meet with the AFLPA on a regular basis to provide updates regarding the activities of the dual licensing program, including without limitation, provide copies of executed contracts, and/or commercial arrangements. (c) The Parties agree on a revenue split of the royalties received from licensing activities containing Player Images (save for DVD’s of Matches), regardless of the number of Players contained in such activities as follows: (i) 65% of royalties to the AFLPA; and (ii) 35% of royalties to the AFL, save for Player Image use in computer games, where the revenue split will be 50- 50. (d) In the event the total royalties payable to the AFLPA under this clause totals less than $1,500,000 in any year, the AFL agrees to pay to the AFLPA an amount equal to the difference between the actual amount due and $1,500,000. (e) In respect of products and services featuring Player Image only, Players shall be entitled to continue such promotion subject to observing the restrictions in respect of AFL Protected Sponsors and relevant AFL Club Protected Sponsors. Additionally, it is acknowledged that the AFLPA shall be entitled to conduct a licensing and marketing program featuring Player Image only, provided that such program shall not prejudice AFL licensing and marketing conducted in accordance with clauses 27(a29(a) and 27(b29(b). (f) The promotion by a Player of an AFL Club Sponsor, other than where such promotion involves the promotion of Australian Football, shall be regulated in accordance with clause 11. (g) AFLPA undertakes not to enter into any licensing program utilising Player Images other than in accordance with the provisions of this Agreement and agrees that any other licensing arrangement that it enters into will not conflict with a sponsor of the AFL, or the Licensing Activities of the AFL. (h) Notwithstanding any other provision of this clause 2729, the licensing and commercial operations arrangements set out in Schedule E shall also apply to the use of Player Images.

Licensing and Marketing. (a) AFL shall continue to be solely responsible for licensing and marketing of AFL branded products and services featuring AFL Intellectual Property only. (b) In respect of products and services branded with a combination of AFL Intellectual Property and Player Image the: (i) Parties shall jointly develop, procure and engage dual licensing opportunities and arrangements and work together to identify business opportunities for exploiting such products and services; (ii) AFL shall administer such dual licensing arrangements; (iii) AFL shall obtain the AFLPA’s approval of key commercial terms of such dual licensing arrangements such as royalty rates and extent of Player Image use, such approval not to be unreasonably withheld or delayed; (iv) AFL shall meet with the AFLPA on a regular basis to provide updates regarding the activities of the dual licensing program, including without limitation, provide copies of executed contracts, and/or commercial arrangements. (c) The Parties agree on a revenue split of the royalties received from licensing activities containing Player Images (save for DVD’s of Matches), regardless of the number of Players contained in such activities as follows: (i) 65% of royalties to the AFLPA; and (ii) 35% of royalties to the AFL, save for Player Image use in computer games, where the revenue split will be 50- 50-50. (d) In the event the total royalties payable to the AFLPA under this clause totals less than $1,500,000 the Licensing Minimum Guarantee in any year, : (i) the AFL agrees to pay to the AFLPA an amount equal to the difference between the actual amount due and the Licensing Minimum Guarantee. (Shortfall); (ii) Redirect the Shortfall in equal part to item 7 and item 8 of Schedule B. (e) Notwithstanding anything in clause 26.3(d), for the avoidance of doubt, the Licensing Minimum Guarantee shall be not less than $1,500,000600,000 in any year. (ef) In respect of products and services featuring Player Image only, Players shall be entitled to continue such promotion subject to observing the restrictions in respect of AFL Protected Sponsors and relevant AFL Club Protected Sponsors. Additionally, it is acknowledged that the AFLPA shall be entitled to conduct a licensing and marketing program featuring Player Image only, provided that such program shall not prejudice AFL licensing and marketing conducted in accordance with clauses 27(a26.3(a) and 27(b26.3(b). (fg) The promotion by a Player of an AFL Club Sponsor, other than where such promotion involves the promotion of Australian Football, shall be regulated in accordance with clause 11. (gh) AFLPA undertakes not to enter into any licensing program Licensing Activities utilising Player Images other than in accordance with the provisions of this Agreement and agrees that any other licensing arrangement Licensing Activities that it enters into will not conflict with a sponsor of the AFL, or the Licensing Activities of the AFL. (hi) Notwithstanding any other provision of this clause 2726.3, the licensing and commercial operations arrangements set out in Schedule E shall also apply to the use of Player Images.