Common use of Personal Promotions by Players Clause in Contracts

Personal Promotions by Players. 25.1 A Personal Promotion is an activity undertaken by a Player which involves the use by: (a) the Player; or (b) another person or organisation, of that Player’s Player Property for the specific endorsement or promotion of goods and services: (i) including writing articles, books or other publications (including internet or new media publications) or providing commentary or critique, where any such activity is for the direct or indirect endorsement or promotion of a third party’s goods and services; but (ii) excluding Media Interviews. 25.2 A Player may perform a Personal Promotion subject to the terms of this Memorandum of Understanding. 25.3 A Player may not, in performing a Personal Promotion, use, or allow the use of, the names or logos of the NZRU, or the names, logos or Uniforms of the Team without the consent of the NZRU. 25.4 At least five (5) working days prior to undertaking a Personal Promotion (and earlier where reasonably possible) the Player must notify the NZRU and must provide information disclosing the nature and material details of the proposed promotion, but shall not be required to disclose payment or consideration. As part of such notification the Player must declare her understanding of the relevant obligations which she owes under the Memorandum of Understanding. 25.5 The NZRU will, within two (2) working days, acknowledge receipt of such notice. 25.6 Where reasonably possible, the NZRU will at the same time indicate whether or not it takes objection to the proposed Personal Promotion. In any event the NZRU must give written notice notification of an objection, and the reasons for such objection, to the Player within five (5) working days of receipt of notification of the proposed promotion. From the time of notification of any objection by the NZRU until resolved, the Player may not undertake the proposed Personal Promotion. 25.7 The NZRU may only object to a Player performing a Personal Promotion if: (a) it would place the NZRU in breach of a contractual agreement with a Sponsor or Broadcaster; or (b) it would place the Player in breach of this Memorandum of Understanding; or (c) it would involve disclosure of confidential information; or (d) it would be likely to bring the game of Rugby or the NZRU, into disrepute; or (e) it will conflict with a product or service of a significant Sponsor or Broadcaster (which is the subject of a commercial arrangement with the NZRU) and the NZRU can demonstrate that the Personal Promotion will have a significant negative financial impact on current or future NZRU Player Generated Revenue as determined in accordance with the factors in clause 25.11; or (f) it is a campaign in television, radio, print, internet or other on-line or social media and involves the use together of Player Property of three or more Players. For the purposes of this sub-clause, a campaign means an organised series of advertising, promotional or marketing messages which can be exhibited over an extended period of time utilising multiple platforms or media channels that share a specific idea or theme; or (g) it would result in promotion of a product or service that, if used or undertaken by a Player, may constitute a breach of an NZRU policy or regulation (including the protocols and regulations set out in clause 4.2), or a Playing Contract. 25.8 For the sake of clarity (subject to the preceding sub-clause), the NZRU may not object to a Personal Promotion solely on the ground that it involves more than one Player. 25.9 The fact that a product or service which is the subject of the Personal Promotion is sold or marketed in competition to a product or service sold or marketed by a Sponsor or Broadcaster does not, of itself, constitute grounds for the NZRU to object to a Personal Promotion. 25.10 In this Part, in relation to the NZRU, a significant Sponsor or Broadcaster means a Sponsor or Broadcaster contributing over $1m per annum to NZRU Player Generated Revenue. 25.11 In this Part in determining whether a Personal Promotion will have a significant negative financial impact, the NZRU is entitled to base its assessment on the following indicators: (a) the amount of revenue the significant Sponsor or Broadcaster provides to the NZRU; (b) the likelihood and size of potential reduction in that level of that Sponsor or Broadcasters contribution to the NZRU’s revenue either immediately or on renewal; (c) the categories of goods and services that are potentially conflicted; (d) whether the product/service is leveraged by the Sponsor or Broadcaster in the market; (e) the likelihood of non-renewal; (f) the overall length of the Sponsor or Broadcaster relationship; (g) the strength of the association in the market between the product or service and the relevant intellectual property; and (h) the potential impact on other sponsors of the NZRU. 25.12 The NZRU may enter into a separate agreement with an individual Player for use of that Player’s Player Property. 25.13 At the time that a Player enter into a Playing Contract, she will disclose to the NZRU any existing personal sponsorship, promotional or endorsement arrangements she has with any third party.

Personal Promotions by Players. 25.1 18.1 A Personal Promotion is an activity undertaken by a Player which involves the use by: (a) the Player; or (b) another person or organisation, of that Player’s Player Property for the specific endorsement or promotion of goods and services: (i) including writing articles, books or other publications (including internet or new media publications) or providing commentary or critique, where any such activity is for the direct or indirect endorsement or promotion of a third party’s goods and services; but (ii) excluding Media Interviews. 25.2 18.2 A Player may perform a Personal Promotion subject to the terms of this Memorandum of UnderstandingCollective Agreement. 25.3 A Player may not, in performing a Personal Promotion, use, or allow the use of, the names or logos of the NZRU, or the names, logos or Uniforms of the Team without the consent of the NZRU. 25.4 18.3 At least five (5) working days prior to undertaking a Personal Promotion (and earlier where reasonably possible) the Player must notify the NZRU and must provide information disclosing the nature and material details of the proposed promotion, but shall not be required to disclose payment or consideration. As part of such notification the Player must declare her his understanding of the relevant obligations which she he owes under the Memorandum of UnderstandingCollective Agreement. 25.5 18.4 The NZRU will, within two (2) working days, acknowledge receipt of such notice. 25.6 18.5 Where reasonably possible, the NZRU will at the same time indicate whether or not it takes objection to the proposed Personal Promotion. In any event the NZRU must give written notice notification of an objection, and the reasons for such objection, to the Player within five (5) working days of receipt of notification of the proposed promotion. From the time of notification of any objection by the NZRU until resolvedresolved or until the notification of the decision of the arbitrator, the Player may not undertake the proposed Personal Promotion. 25.7 18.6 The NZRU may only object to a Player performing a Personal Promotion if:; (a) it would place the NZRU (or, on its behalf, a Super Rugby Club or a Provincial Union) in breach of a contractual agreement with a Sponsor or Broadcaster; or (b) it would place the Player in breach of this Memorandum of UnderstandingCollective Agreement; or (c) it would involve disclosure of confidential information; or (d) it would be likely to bring the game of Rugby or the NZRU, a Super Rugby Club or a Provincial Union into disrepute; or (e) it will conflict with a product or service of a significant Sponsor or Broadcaster (which is the subject of a commercial arrangement with the NZRUNZRU or the Player’s agreed Provincial Union or current Super Rugby Club) and the NZRU can demonstrate that the Personal Promotion will have a significant negative financial impact on current or future NZRU Player Generated Revenue as determined in accordance with or on the factors in clause 25.11Provincial Union Revenue of the Player’s agreed Provincial Union, or on the Super Rugby Club revenue attributable to the Player’s current Super Rugby Club; or (f) it is a campaign in television, radio, print, internet or other on-line or social media and involves the use together of Player Property of three or more Players. For the purposes of this sub-clause, a campaign means an organised series of advertising, promotional or marketing messages which can be exhibited over an extended period of time utilising multiple platforms or media channels that share a specific idea or theme; or (g) it would result in promotion of a product or service that, if used or undertaken by a Player, may constitute a breach of an NZRU policy or regulation (including the protocols and regulations set out in clause 4.24.4), or a Playing Contract. 25.8 18.7 For the sake of clarity (subject to the preceding sub-clause), the NZRU may not object to a Personal Promotion solely on the ground that it involves more than one Player. 25.9 18.8 The fact that a product or service which is the subject of the Personal Promotion is sold or marketed in competition to a product or service sold or marketed by a Sponsor or Broadcaster does not, of itself, constitute grounds for the NZRU to object to a Personal Promotion. 25.10 18.9 In this Part, : (a) in relation to the NZRU, a significant Sponsor or Broadcaster means a Sponsor or Broadcaster contributing over $1m per annum to NZRU Player Generated Revenue; and (b) each Super Rugby Club and Provincial Union will nominate and notify the RPC of up to four Sponsors or Broadcasters (including any changes to those) who will be, in relation to them, a significant Sponsor or Broadcaster. 25.11 18.10 In this Part in determining whether a Personal Promotion will have there might be a significant negative financial impact, the NZRU is entitled regard will be given to base its assessment on the following indicators: (a) the amount of revenue the significant Sponsor or Broadcaster provides to the NZRUrelevant entity; (b) the likelihood and size of a potential reduction in that level of that Sponsor or Broadcasters contribution to the NZRU’s revenue either immediately or on renewal; (c) the categories of goods and services that are potentially conflicted; (d) whether the product/service is leveraged by the Sponsor or Broadcaster in the market; (e) the likelihood of non-renewal; (f) the overall length of the Sponsor or Broadcaster relationship; (g) the strength of the association in the market between the product or service and the relevant intellectual property; and (h) the potential impact on other sponsors of the NZRU, Super Rugby Clubs or Provincial Unions. 25.12 18.11 Where there is subsequently a material change in the nature of a Personal Promotion (including a new creative execution which is materially different to any executions which were viewed by the NZRU as part of the original Personal Promotion notification), the Player must immediately notify the NZRU which may object to the Personal Promotion on the grounds specified above where the objection is because of that material change. 18.12 The parties will agree, in advance of each Contract Year, an independent third party arbitrator for the purpose of this clause. If there is a disagreement about an objection made by the NZRU, the Player and the NZRU will refer the matter to an urgent arbitration before that person. The arbitrator’s decision will be final and binding on the Player and the NZRU. 18.13 A Player may not, in performing a Personal Promotion, use, or allow the use of, the names or logos of the NZRU or the Provincial Unions, or the names, logos or Uniforms of any New Zealand Team without the consent of the NZRU.‌‌ 18.14 The NZRU, a Super Rugby Club or a Provincial Union may enter into a separate agreement with an individual Player for use of that Player’s Player PropertyProperty (including exclusive use, by way of restraint, for valuable consideration). The NZRU, Super Rugby Club or Provincial Union must hold a copy of any such agreement for inspection by the RPC. 25.13 At the time that a Player enter into a Playing Contract, she will disclose to the NZRU any existing personal sponsorship, promotional or endorsement arrangements she has with any third party.

Personal Promotions by Players. 25.1 A Personal Promotion is an activity undertaken by a Player which involves the use by: (a) the Player; or (b) another person or organisation, of that Player’s Player Property for the specific endorsement or promotion of goods and services: (i) including writing articles, books or other publications (including internet or new media publications) or providing commentary or critique, where any such activity is for the direct or indirect endorsement or promotion of a third party’s goods and services; but (ii) excluding Media Interviews. 25.2 A Player may perform a Personal Promotion subject to the terms of this Memorandum of Understanding. 25.3 A Player may not, in performing a Personal Promotion, use, or allow the use of, the names or logos of the NZRU, or the names, logos or Uniforms of the Team without the consent of the NZRU. 25.4 At least five (5) working days prior to undertaking a Personal Promotion (and earlier where reasonably possible) the Player must notify the NZRU and must provide information disclosing the nature and material details of the proposed promotion, but shall not be required to disclose payment or consideration. As part of such notification the Player must declare her understanding of the relevant obligations which she owes under the Memorandum of Understanding. 25.5 The NZRU will, within two (2) working days, acknowledge receipt of such notice. 25.6 Where reasonably possible, the NZRU will at the same time indicate whether or not it takes objection to the proposed Personal Promotion. In any event the NZRU must give written notice notification of an objection, and the reasons for such objection, to the Player within five (5) working days of receipt of notification of the proposed promotion. From the time of notification of any objection by the NZRU until resolved, the Player may not undertake the proposed Personal Promotion. 25.7 The NZRU may only object to a Player performing a Personal Promotion if: (a) it would place the NZRU in breach of a contractual agreement with a Sponsor or Broadcaster; or (b) it would place the Player in breach of this Memorandum of Understanding; or (c) it would involve disclosure of confidential information; or (d) it would be likely to bring the game of Rugby or the NZRU, into disrepute; or (e) it will conflict with a product or service of a significant Sponsor or Broadcaster (which is the subject of a commercial arrangement with the NZRU) and the NZRU can demonstrate that the Personal Promotion will have a significant negative financial impact on current or future NZRU Player Generated Revenue as determined in accordance with the factors in clause 25.11Revenue; or (f) it is a campaign in television, radio, print, internet or other on-line or social print media and involves the use together of Player Property of three or more Players. For the purposes of this sub-clause, a campaign means an organised series of advertising, promotional or marketing messages which can be exhibited over an extended period of time utilising multiple platforms or media channels that share a specific idea or theme; or (g) it would result in promotion of a product or service that, if used or undertaken by a Player, may constitute a breach of an NZRU policy or regulation (including the protocols and regulations set out in clause 4.2), or a Playing Contract. 25.8 For the sake of clarity (subject to the preceding sub-clause), the NZRU may not object to a Personal Promotion solely on the ground that it involves more than one Player. 25.9 The fact that a product or service which is the subject of the Personal Promotion is sold or marketed in competition to a product or service sold or marketed by a Sponsor or Broadcaster does not, of itself, constitute grounds for the NZRU to object to a Personal Promotion. 25.10 In this Part, in relation to the NZRU, a significant Sponsor or Broadcaster means a Sponsor or Broadcaster contributing over $1m per annum to NZRU Player Generated Revenue. 25.11 In this Part in determining whether a Personal Promotion will have there might be a significant negative financial impact, the NZRU is entitled regard will be given to base its assessment on the following indicators: (a) the amount of revenue the significant Sponsor or Broadcaster provides to the NZRU; (b) the likelihood and size of potential reduction in that level of that Sponsor or Broadcasters contribution to the NZRU’s revenue either immediately or on renewal; (c) the categories of goods and services that are potentially conflicted; (d) whether the product/service is leveraged by the Sponsor or Broadcaster in the market; (e) the likelihood of non-renewal; (f) the overall length of the Sponsor or Broadcaster relationship; (g) the strength of the association in the market between the product or service and the relevant intellectual property; and (h) the potential impact on other sponsors of the NZRU. 25.12 The NZRU may enter into a separate agreement with an individual Player for use of that Player’s Player Property. 25.13 At the time that a Player enter enters into a Playing Contract, she will disclose to the NZRU any existing personal sponsorship, promotional or endorsement arrangements she has with any third party.