PUBLICITY AND ATHLETES.ORG GROUP LICENSING PROGRAM AGREEMENT
Last Updated: November 3, 2023
- Athletes.org, in partnership with its licensing affiliates, will work on behalf of its members to create and manage a program that will provide a mechanism for Members to financially benefit from licensing their names, images, and likenesses as a group. Pursuant to this program, Member (“You”, “Your” or “Member”) hereby grants and assigns to Athletes.org and its licensing affiliates, if any, the non-exclusive and unlimited right to use, license and sublicense the rights to use Member’s name, nickname, initials, autograph/signature, voice, picture, photograph, animation, image, likeness, persona, jersey number, statistics, data, copyrights, biographical information and/or other personal indicia (individually and collectively, “Rights”) for use in connection with any product, brand, service, appearance, product line or other commercial use and any sponsorship, endorsement or promotion thereof, when five (5) or more Member’s Rights are involved, whether that number is reached using player Rights simultaneously or individually, in any form, media, or medium (now known or hereafter developed) during a consecutive 12-month period (a “Group Licensing Program”). For sponsorships, endorsements, and promotions, Group Licensing Programs are further defined as those: (a) in any one product category, as defined by industry standards; or (b) in different categories if the products all use similar or derivative design or artwork, or one player product is used to promote another player product. It is agreed that Member’s Rights do not need to be used on the same item as the Rights of other Members to fall within a Group Licensing Program. As an example, a Group Licensing Program will include a series of trading cards, each featuring the Rights of a single Member, as long as the Rights of at least four other Members are featured on other cards in the series. It is also agreed that Member’s Rights will not be used (i) in connection with any product to which Member objects in good faith or moral or personal grounds, (ii) in a manner that would conflict with a personal brand or a contractual relationship to which Member is a party of by which Member is bound, or (iii) to the extent Member reasonably believes such use would be in violation of applicable law or university or NCAA policy or bylaws. In order for the foregoing to be implemented by Athletes.org, Member must provide prompt written notice to Athletes.org as described below in Section 6.
- Royalties derived from the Group Licensing Program shall be paid by licensees/partners to Athletes.org and/or its licensing affiliate and then apportioned and distributed among the athlete participants in each Group Licensing Program on a percentage basis as follows: 75%/25% in favor of the Member. All such payments, together with a report explaining such usage, will be made to the Member twice annually while Member is an Athletes.org Member and part of the Group Licensing Program. This assignment of rights will commence of the date that athlete agrees to participate in this Group Licensing Program and expire on the earlier of: (i) the end of the Member’s last year of collegiate athletic eligibility (i.e., June), (ii) Member’s eligibility and agreement to be a participant in a group rights program in a professional sport, or (iii) the date Member chooses to opt out of the Group Licensing Program as described below.
- The Rights may also be used for the promotion of Athletes.org, subject to Member’s approval, provided such promotion does not constitute an endorsement by Member of a commercial product not a part of a Group Licensing Program.
- This assignment of rights does not limit Member’s right to grant the use of his or her individual Rights for use in connection with any product, brand, service, appearance, product line or other commercial use and any sponsorship, endorsement or promotion thereof, except that such individual grants will not preclude Member from also being part of the Athletes.org Group Licensing Program.
- In consideration of this assignment of rights, Athletes.org agrees to use the revenues it receives from Group Licensing Programs to support its mission as set forth in the Bylaws of Athletes.org and as otherwise determined by the Athletes.org Board, including providing Members with the Athletes.org membership services. Athletes.org further agrees that it and its licensing affiliates will use reasonable efforts to promote the use of Member Rights in group licensing programs, to provide group licensing opportunities to all Members, and to monitor and police unauthorized third-party use of the Rights. Athletes.org and its licensing affiliates make no representations regarding group licensing other than those expressed herein.
- You may choose to opt out of the Group Licensing Program as a whole, or any specific opportunity presented through the Group Licensing Program prior to its commencement as described in Section 1 above, by providing written notice via email to firstname.lastname@example.org.