Common use of Merchandising Clause in Contracts

Merchandising. 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness), during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of such products or property manufactured and sole by G2 or by any associated company, Artist shall be entitled to a royalty of twenty percent (20%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 licenses to other any of its rights under this clause then Artist shall received fifty percent (50%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 6 contracts

Samples: Exclusive Recording Artist Agreement (G2 Ventures Inc), Exclusive Recording Artist Agreement (G2 Ventures Inc), Exclusive Recording Artist Agreement (G2 Ventures Inc)

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Merchandising. 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness), during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of such products or property manufactured and sole by G2 or by any associated company, Artist shall be entitled to a royalty of twenty percent (20%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 licenses to other any of its rights under this clause then Artist shall received fifty percent (50%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's ’s logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's ’s request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 2 contracts

Samples: Exclusive Recording Artist Agreement (G2 Ventures Inc), Exclusive Recording Artist Agreement (G2 Ventures Inc)

Merchandising. 15.01. Artist hereby grants G2 Parallax the exclusive right to manufacture, sell, license, distribute and exploit, through throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or of every kind featuring the Artist (name/logo/likenesslikenesses), during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 Parallax during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 Parallax or by any associated company, Artist shall be entitled to a royalty of twenty percent (20%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 Parallax licenses to other others any of its rights under this clause clause, then Artist shall received receive fifty percent (50%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 Parallax or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2Parallax's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 Parallax shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (Parallax Entertainment Inc)

Merchandising. 15.01. Artist hereby grants G2 Parallax the exclusive right to manufacture, sell, license, distribute and exploit, through throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or of every kind featuring the Artist (name/logo/likenesslikenesses), during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 Parallax during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 Parallax or by any associated company, Artist shall be entitled to a royalty of twenty thirty four percent (2034%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 Parallax licenses to other others any of its rights under this clause clause, then Artist shall received fifty receive sixty percent (5060%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 Parallax or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that not unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2Parallax's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 Parallax shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge. 15.06. The parties agree to negotiate in good faith a long-form agreement for the sale of merchandise that is consistent with the terms contained herein.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (Parallax Entertainment Inc)

Merchandising. 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or of every kind featuring the Artist (name/logo/likeness), during the term Term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 or by any an associated company, Artist shall be entitled to a royalty of twenty thirty-four percent (2034%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue venues commissions and state sales tax where collected and actually paid. In the event that G2 licenses to other others any of its rights under this clause clause, then Artist shall received fifty receive sixty percent (5060%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably not unreasonable withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge. 15.06. The parties agree to negotiate in good faith a long-form agreement for the sale of merchandise that is consistent with the terms contained herein.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (G2 Companies Inc)

Merchandising. 15.01. Artist hereby grants G2 8.1 Each Exhibition shall be designed to have adequate space for a merchandise shop. 8.2 As indicated in the exclusive right to manufacturedocument identified as Exhibit 8.2, sellRMST has entered into an agreement with Titanic Merchandise, license, distribute and exploit, through the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist Inc. (name/logo/likeness"TMI"), pursuant to which TMI is obligated to build-out, operate, staff and acquire the inventory ("Merchandise") for the merchandise shop at Exhibitions in the United States (the "Merchandise Shop") until June 30, 2000 (the "Exhibition Retail Agreement"). Under the Exhibition Retail Agreement, TMI has agreed to pay to RMST thirty (30%) of gross sales of the Merchandise Shop, less sales tax, credit card charges, check verification fees and returns (the "Merchandise Sales"), and TMI shall furnish a weekly report of Merchandise Sales, on an itemized basis, together with remittance of the Merchandise Sales on Friday of each week for the period covering the preceding Monday through Sunday. RMST is not receiving any payments or other consideration from TMI for the Merchandise Shop except as set forth in the Exhibition Retail Agreement and except for royalties earned from the utilization of RMST's proprietary rights, and supplies or goods sold by RMST to the Merchandise Shop. Magicworks acknowledges that the foregoing terms of such agreement are acceptable. RMST shall assign to Magicworks the Exhibition Retail Agreement and all rights to receive revenues and reports from TMI under the Exhibition Retail Agreement with respect to Exhibitions during the Term , which revenues shall be included in Merchandising Revenue as defined by Section 1.9.2 hereof. 8.3 With respect to Exhibitions in the United States after the expiration of the Exhibition Retail Agreement on June 30, 2000, and with respect to Exhibitions outside the United States, Magicworks shall have the right, in its sole discretion, to market and sell the Merchandise during the term of this Agreement. 15.02. It is expressly agreed Agreement on terms and understood that any contract for conditions which are substantially similar to the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of such products or property manufactured and sole by G2 or by any associated company, Artist shall be entitled to a royalty of twenty Exhibition Retail Agreement whereby Magicworks receives seventy percent (2070%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions sales and state sales tax where collected and actually paid. In the event that G2 licenses to other any of its rights under this clause then Artist shall received fifty thirty percent (5030%) of the net receipts therefrom. As used gross sales is included in this paragraph, the term "net receipts" shall Revenue. 8.4 It is agreed that an Exhibition Catalogue will be calculated as gross revenues from the sale a customized version of the applicable merchandisebook "Titanic - Legacy of the World's Greatest Ocean Liner" by Susax Xxxx, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's logo and proper name at xxth a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.new

Appears in 1 contract

Samples: Exhibition Tour Agreement (RMS Titanic Inc)

Merchandising. 15.01. Artist hereby grants G2 Parallax the non-exclusive right rights to merchandising Artist (Artist/Name/Logo) insofar as they relate to the manufacture, sellsale, licenselicensing, distribute distribution and exploit, through exploitation throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness)following: T-shirts, mirrors, sweatshirts, jackets, hats, pins, posters, bumper stickers, iron-on transfers, photographs, portraits and the like by any means whatsoever during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 Parallax during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 Parallax or by any associated company, Artist shall be entitled to a royalty of twenty percent (20%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 Parallax licenses to other others any of its rights under this clause clause, then Artist shall received receive fifty percent (50%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 Parallax or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2Parallax's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 Parallax shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (Parallax Entertainment Inc)

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Merchandising. 15.01. Artist hereby grants G2 Parallax the non-exclusive right rights to merchandising Artist (Artist/Name/Logo) insofar as they relate to the manufacture, sellsale, licenselicensing, distribute distribution and exploit, through exploitation throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness)following: T-shirts, mirrors, sweatshirts, jackets, hats, pins, posters, bumper stickers, iron-on transfers, photographs, portraits and the like by any means whatsoever during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 Parallax during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 Parallax or by any associated company, Artist shall be entitled to a royalty of twenty percent (20%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue and sales commissions and state sales tax where collected and actually paid. In the event that G2 Parallax licenses to other others any of its rights under this clause clause, then Artist shall received receive fifty percent (5050 %) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 Parallax or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2Parallax's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 Parallax shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (Parallax Entertainment Inc)

Merchandising. 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through throughout the Universe and by mail-order and through retail sources of, without limitation, all merchandise or of every kind featuring the Artist (name/logo/likeness), during the term Term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of any such products or property manufactured and sole sold by G2 or by any an associated company, Artist shall be entitled to a royalty of twenty ________ percent (20__%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue venues commissions and state sales tax where collected and actually paid. In the event that G2 licenses to other others any of its rights under this clause clause, then Artist shall received fifty receive ________ percent (50__%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably not unreasonable withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge. 15.06. The parties agree to negotiate in good faith a long-form agreement for the sale of merchandise that is consistent with the terms contained herein.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (G2 Ventures Inc)

Merchandising. 15.01. Artist hereby grants G2 the exclusive right to manufacture, sell, license, distribute and exploit, through the Universe and by mail-order and through retail sources of, without limitation, all merchandise or every kind featuring the Artist (name/logo/likeness), during the term of this Agreement. 15.02. It is expressly agreed and understood that any contract for the purpose of merchandising Artist entered into by G2 during the Term shall continue in full force and effect in accordance with the provisions thereof for a period not to exceed one (1) year following the expiration of the term of this Agreement. 15.03. In the case of such products or property manufactured and sole by G2 or by any associated company, Artist shall be entitled to a royalty of twenty ______ percent (20__%) of the adjusted gross receipts therefrom. As used in this paragraph, the term "adjusted gross" shall mean gross revenues from the sale of applicable merchandise, less venue commissions and state sales tax where collected and actually paid. In the event that G2 licenses to other any of its rights under this clause then Artist shall received fifty _____ percent (50__%) of the net receipts therefrom. As used in this paragraph, the term "net receipts" shall be calculated as gross revenues from the sale of the applicable merchandise, less the cost actually incurred and paid by G2 or its licensing company for manufacturing; sales personnel salaries and/or commissions, venue commissions and state sales tax where collected and actually paid. 15.04. Artist has the right of approval of all merchandising artwork, so long as said approval is that unreasonably withheld. During the Term of this Agreement, Artist shall cause the inclusion of G2's logo and proper name at a reasonable size and position on all merchandise. 15.05. No royalties shall be payable with respect to merchandise given away or furnished on a no-charge basis. Upon Artist's request, G2 shall provide Artist with twenty (20) non-royalty-bearing samples of each item of merchandise at no charge.

Appears in 1 contract

Samples: Exclusive Recording Artist Agreement (G2 Ventures Inc)

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