Merchandising Rights Sample Clauses
Merchandising Rights. The right (a) to manufacture and sell and/or license the manufacture and sale of all kinds of goods and services (including without limitation Ringtone(s) and Wallpaper(s)) and/or to organise and/or stage an event reproducing, depicting or decorated with or associated with the Format and/or the characters, character names, title, designs, scenes or incidents from the Programme(s), or articles appearing in the Programme(s) or logos, trade marks and designs used in connection with the Programme(s) and/or the advertising, promotion and/or publicity of the Programme(s) (but excluding for the avoidance of doubt any such exploitation as part of the Core Transmission Rights, the Core Secondary Transmission Rights and/or the VOD Rights); and (b) to apply for and register the title, or any other elements of the Programme(s) as trade marks or designs or for such other protection as may be available in any country of the world subject to Channel 4’s use of the same as included in the Format Rights and otherwise in accordance with this Agreement.
Merchandising Rights a. The term "merchandising rights" with regard to any established serial or episodic series, or any unit series or one-time television program to which separated rights do not apply, means the right to manufacture and to sell or otherwise dispose of any object or thing first described in literary material written by the writer, provided such object or thing is fully described therein and by such description appears to be unique and original.
Merchandising Rights. The exclusive right to manufacture, sell, license, advertise, promote, furnish, supply and distribute products, by-products, services, facilities, merchandise and commodities of every nature and description, board games, items of wearing apparel, food, beverages and similar items which make reference to or are based upon or adapted from the Content or any part thereof (including the title thereof), to the extent not included in Commercial Tie-in Rights (“Merchandising Rights”) to include the following:
Merchandising Rights. Merchandising net income (which shall mean gross receipts from exploitation of the Merchandising Rights less 30% commission and any costs incurred through undertaking trademark searches and obtaining trademark registrations and any third party image costs (but no further sub-commission or other deduction) shall be divided equally between the BBC and the Owner.
Merchandising Rights. 5.1. Notwithstanding the provisions of clause 2 the exclusive basis of the BBC’s licence of the Merchandising Rights throughout the world will expire and the licence shall continue on a non-exclusive basis upon the later of: two years following first Transmission of the last episode of the First Series (unless concept approval in the form of a style guide and business plan for the Merchandising Rights has been agreed with the Owner such agreement not to be unreasonably withheld), or if the BBC fails in any one year to achieve the minimum threshold as set out in that business plan, or upon expiry of the BBC’s licence of the Primary Rights.
Merchandising Rights. “Ace Maker” Airshows reserves the right to Merchandise and sell “Ace Maker” products at the show site without any further compensation to any other party. (Ace Maker T-shirts, sweat shirts)
Merchandising Rights. “Merchandising Rights” shall include the right to manufacture, license, sell and distribute merchandise, both physical and virtual, including all video, musical or audio products, based on the content of the Video Library, character names, taglines, images, logos, events, music, and any copyrights, trademarks, patents or other intellectual property of the content of the Video Library (“Merchandise”). Xxxxxxx hereby grants to Punch, and Punch hereby accepts the exclusive and unrestricted Merchandising Rights to the Video Library for the Term of the Agreement.
Merchandising Rights. (a) IMD will pay to Spunky, on every March 1 for the year ending on the previous December 31, one percent (1%) of quarterly gross revenues from merchandising and licensing of (a) content created by Spunky hereunder, and (b) all derivative works created from such content, including but not limited to works or derivative works sold or licensed for use on Internet sites other than XxxXxx.Xxx, television programs, films, apparel, toys, food packaging, and any medium that comes into existence in the future ("Merchandising Rights"). These rights shall survive the termination of this Agreement and/or the employment of Spunky personnel by IMD.
(b) IMD shall maintain accurate and complete records of all amounts payable to Spunky hereunder following generally recognized commercial accounting practices. IMD shall retain such records for three (3) years from the date of final payment for Merchandising Rights covered by this Agreement.
(c) Spunky, and its authorized agents or representatives, may audit IMD's records described in the preceding subsection during normal business hours and upon reasonable prior notice. Audits shall not unreasonably disrupt IMD's business operations. Spunky may inspect, photocopy and retain copies of such records, if Spunky in its sole discretion deems such retention necessary. If such an audit reveals a payment discrepancy greater than ten percent (10%) of a quarterly payment, IMD shall bear the cost of such audit.
Merchandising Rights a. The term "merchandising rights" with regard to any established serial or episodic series, or any unit series or one-time television program to which separated rights do not apply, means the right to manufacture and to sell or otherwise dispose of any object or thing first described in literary material written by the writer, provided such object or thing is fully described therein and by such description appears to be unique and original.
b. With regard to writers entitled to separation of rights, merchandising rights shall mean the exclusive right to grant to manufacturers or others the right to refer, in conjunction with the marketing or exploitation of objects or things, to the series in which the writer's separation of rights exists or to characters of such series, but such objects or things shall not include:
(1) The television motion picture itself or any part of the television motion picture;
(2) Music composed for or identified with such series or with any episode of such series, including any form of exploitation of music, such as records or publishing;
(3) Objects or things furnished by a manufacturer or other person or company for use in or in connection with such series or any episode of such series, where the Company receives no revenue from the marketing of such objects or things (for example, a motorcycle manufacturer furnishes motorcycles to the Company for photography in a series dealing with motorcyclists in exchange for the right granted to the manufacturer to refer to the series or to characters of the series in conjunction with the marketing and exploitation of its motorcycles);
(4) Objects or things manufactured or sold by any sponsor of such series, where the right to refer to such series or characters of such series in conjunction with the marketing of such objects or things is obtained by the sponsor as part of the initial agreement for the sponsorship of the series, and the Company receives no revenue from the marketing of such objects or things (as distinguished from the revenue received by the Company for the series
Merchandising Rights. Subject to the terms and conditions hereof, Licensee may sell certain Team and League merchandise and other hockey merchandise and Game programs (the “Hockey Merchandise”) during Games in the Arena. Licensee may elect to negotiate with the Merchandiser regarding the sale of Hockey Merchandise, and if the Licensee reaches an agreement with the Merchandiser, then the Merchandiser shall be the exclusive supplier of Hockey Merchandise for sale during the Games. In any event, the Licensee is responsible for all product costs, labor and taxes associated with any Hockey Merchandise sales. Nothing herein shall restrict the rights of Licensor or Merchandiser to supply or sell any items of merchandise (other than Hockey Merchandise) at any time other than during the Games. Licensee shall retain one hundred percent (100%) of all revenues (after the deduction of any Impositions thereon) derived from the sale of any Hockey Merchandise sold by Licensee during the Games or at such other time as the Licensee shall sell such Hockey Merchandise at the Arena. Any sale of Hockey Merchandise by or for Licensee at the Arena other than during Games shall be subject to the prior written consent of Licensor. Licensee agrees that Merchandiser, if any (or if no Merchandiser, Licensor), shall be the exclusive vendor at the Arena for all items other than Hockey Merchandise. All items of Hockey Merchandise sold pursuant to this Section 10.4 shall be consistent with standards established by the Licensor in accordance with the community standards in the County for the general welfare of the residents of the County. Licensor recognizes that from time to time Licensee itself (or through Merchandiser), may desire to give away certain promotional items. Licensee recognizes that prior to giving away any promotional items, it must receive Licensor’s prior written consent and that such giveaway shall not violate the terms of any Merchandise Agreement or Concession Agreement. Licensor may withhold its consent if Licensor determines, in its reasonable discretion, that the giveaway item in question will have an adverse effect on safety, or interfere in any way with the operation of the Arena. Licensee and Licensor agree that Licensor is not financially responsible for any hockey merchandise or giveaway items that are left or stored in the arena storage or shipping and receiving areas, whether those items be damaged or lost under any circumstances.