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:
(a) 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
(b) if the BBC fails in any one year to achieve the minimum threshold as set out in that business plan, or
(c) upon expiry of the BBC’s licence of the Primary Rights.
Merchandising Rights. (a) Artist hereby grants to Company the exclusive right during the Term hereof and throughout the Territory to use and/or sublicense to others the use of Artist's name(s) (both real and professional), logotype, likenesses, voice and/or performances for merchandising and other commercial purposes, whether or not related to the manufacture and sale of phonograph records, including, without limitation in connection with the sale (whether through "flyers", "bouncebacks" and similar album inserts, or otherwise) of t-shirts and other clothing, posters, stickers, novelties and telephone message services. Upon Company's request, Artist shall execute a license agreement in addition to this agreement to evidence such license, which license agreement shall contain standard terms and provisions used the licensing of name and likeness rights for merchandising purpose, though the failure on the part of the Artist to do so shall not diminish the rights of Company with respect to the merchandising of the aforesaid properties.
(b) If Artist shall fail to do so upon request, Company shall have the right to apply for and obtain in its own name, and at its own expense, federal and worldwide registration of trademark and/or servicemark for Artist's professional name and/or logotype in connection with the use thereof in all areas the entertainment industry, including without limitation, in connection with the recording and sale of phonograph records, the establishment of fanclubs, the rendition of concert and live performances, and the sale of clothing and other merchandise Artist shall execute any document and/or perform any act necessary to evidence Company's rights in and to said servicemarks trademarks, logotypes and other properties. If Artist fails to do so, an officer of Company may do so on Artist's behalf.
(c) Company agrees to credit to Artist's royalty account with fifty percent (50%) of the net income derived by Company
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. 6.2.1 Merchandising Rights refer to the right of publicity and exploitation in connection with the distribution of the Target Projects, including but not limited to sponsorship for initial theater exhibition, sale of advertising poster, cooperative advertising and joint distribution, but excluding any right to manufacture, distribute or sell elements such as characters, designs, visual representations, physical properties or other materials appearing or used in or in connection with the Target Projects as separate articles of merchandise. The commission charged by the Affiliates of Bona shall be deducted from the revenues of the Merchandising Rights. In addition, in case of exploitation of clips of the Target Projects for the purpose of merchandising, the Target Projects, the directors and actors appearing in the clips shall be held harmless from and against any and all losses and damages resulting from such exploitation. In case of exploitation of music and lyrics or any other material under copyright protection, the Target Projects, the composers, authors and agents shall be held harmless from and against any and all losses and damages resulting from such exploitation.
6.2.2 The Merchandising Rights of the Target Projects shall be vested in Bona Film, and Bona Film is entitled to enter into cooperation agreements alone with partners regarding the business cooperation in connection with the Target Projects. However, the Affiliates of Bona shall ensure that any revenue derived from exploitation of the Merchandising Rights shall belong to the Fund during the period in which the Fund exists.
Merchandising Rights. Contractor shall have exclusive rights to operate the full service Bookstore located at the University, offering all goods and services normally found in University bookstores and any such additional services as may be required by the University during the term of the Contract. Contractor's exclusive rights do not include merchandise and services currently sold elsewhere within the University by departments, student organizations, or through other existing contract arrangements.
Merchandising Rights. During the term of this Agreement, City hereby grants to LICENSEE an non-exclusive, non-assignable license to use the City Trademarks on or in association with Licensed Materials, and the right to distribute, disseminate or otherwise exploit the Licensed Materials, in any and all media, whether now known or hereafter developed or discovered as determined appropriate by LICENSEE. “Licensed Materials” means and includes, but is not limited to, tangible goods such as books, magazines, hats, caps, T-shirts, other items of clothing, mugs, pens, stationery and office supplies, dolls, action figures, figurines, toys, theme parks, and games of all sorts, provided however that the City Trademarks cannot be used to endorse any commercial product or service. Further, nothing in this Agreement or in Licensee’s use of the City Trademarks shall be construed as the City’s or the Police Department’s endorsement, whether express or implied, of the contents or viewpoints contained in the Series or of Licensee’s actions or omissions associated with the Series.
