Bona Fide Licensee means an entity that (i) was, prior to entering into a Bona Fide Exclusive Endorsement Agreement, regularly engaged in the business of making or selling the products or services that are covered by such Bona Fide Exclusive Endorsement Agreement with the intention of earning a profit from such business, (ii) is commencing the business of making or selling the products or services covered by a Bona Fide Exclusive Endorsement Agreement, within one year of the player's execution thereof, on a bona fide basis with the intention of earning a profit from such business or (iii) was, prior to entering into a Bona Fide Exclusive Endorsement Agreement, a bona fide tax exempt charitable organization that is making or selling the products or services covered by a Bona Fide Exclusive Endorsement Agreement for a legitimate charitable purpose and continues as a tax exempt charitable organization for the term of such Bona Fide Exclusive Endorsement Agreement. In the event of a dispute as to whether any license agreement entered into by a player is a Bona Fide Exclusive Endorsement Agreement, and not a bad faith attempt to defeat the grant of rights to WNBA Enterprises under this agreement, the burden of proof as to the agreement's bona fide nature shall rest with the player.