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Merchandising and Marketing Agreement

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Merchandising and Marketing Agreement Powered By Docstoc
					This document sets forth an agreement for the merchandising and marketing rights for a
specified asset, such as a motion picture, book, or television program. As drafted, the
licensor grants the licensee an exclusive manufacturing and marketing license. The
licensee has the right to manufacture, advertise, distribute and sell the asset. The
licensee is required to maintain product liability insurance and the parties agree to first
mediate disputes before submitting disputes to a court of law. This document can be
customized to fit the needs of contracting parties.
            MERCHANDISING AND MARKETING AGREEMENT
This AGREEMENT (hereafter “Agreement”) is effective upon signing on ____________,
201___, between________________, [NAME OF BUSINESS ISSUING THE RIGHTS]a
business located at______________________ [ADDRESS OF ISSUING BUSINESS]in the
State of ______________ (hereafter “Licensor”) and _____________________[NAME OF
BUSINESS OR INDIVIDUAL RECEIVING THE RIGHTS], a business/an individual
located at________________________ [ADDRESS OF RECEIVING BUSINESS]in the State
of __________________(hereafter “Licensee”). This Agreement is for the merchandising and
marketing rights for the motion picture/book/television program, __________________,
hereinafter referred to as the “Asset”.
{Instruction: Cross or delete out the media that do NOT apply.}

Except where it is otherwise stipulated in this Agreement or where there are other requirements
in the context, the following terminology shall contain meanings as follows:

   (a)        Parties: Licensor and Licensee

   (b)        A party: Either Licensor or Licensee

   (c)        A third party: Any party other than Licensor or Licensee

   (d)        Licensed Product: ________________________________________

   (e)        Licensed Materials: ______________________________________


In consideration of the foregoing premises and the mutual covenants set forth in this Agreement
and other valuable considerations, the parties agree as follows:

   1. LICENSE

   Licensor grants to Licensee for the term of this Agreement, subject to the terms and
   conditions set forth in this Agreement, and Licensee hereby accepts, the exclusive right,
   license and privilege to use the concepts, likenesses and visual representations as included in
   Asset solely and only in connection with the manufacture, advertising, distribution and sale
   of the article or under the terms and conditions stated herein. Licensee agrees that it will not
   use this license in any manner not specifically authorized by this Agreement.

   Nothing in this Agreement shall be construed to prevent Licensor from granting any other
   licenses for the use of the Asset rights in any manner whatsoever except Licensor agrees it
   will not grant other licenses effective during the term of this Agreement for merchandising
   and marketing purposes. Licensor specifically reserves all rights not granted in this
   Agreement, including but not limited to, premium rights. For purposes of this Agreement,

© Copyright 2013 Docstoc Inc.                                                             2
   premium rights shall mean use of the Asset properties in such manner as to identify it with a
   particular product or service other than that which is agreed to between Licensor and
   Licensee.

   2. TERM OF LICENSE

   This Agreement commences on ___________, 201___, and shall continue until
   _______________ 20_____ or upon one party’s termination of this Agreement. At the end of
   the term set forth, this Agreement automatically expires unless otherwise agreed to in writing
   prior to the date of expiration. Termination of this Agreement must also be provided in
   writing.

   Licensor may terminate this Agreement under the following circumstances:

   Licensee files a petition in bankruptcy; is adjudicated as bankrupt; if a petition in bankruptcy
   is filed against Licensee; if Licensee becomes insolvent or makes an assignment for the
   benefit of its creditors or an arrangement pursuant to any bankruptcy law; if Licensee
   discontinues its business or if a receiver is appointed for it or its business, the License
   granted hereunder, without notice. Under all of the situations in this clause, the license shall
   terminate automatically, unless Licensor elects--in writing--to continue the Agreement. Any
   such election by Licensor will NOT act as a waiver of any future obligations of Licensee and
   will NOT preclude any future automatic or discretionary termination due to a subsequent
   violation of any term or terms contained in this clause.

   If Licensee shall violate any of its obligations or conditions under the terms of this
   Agreement, Licensor shall have the right to terminate this Agreement by providing twenty
   (20) days notice in writing. If Licensee remedies the breach of this Agreement to the
   satisfaction of Licensor prior to the expiration of the twenty (20) days then the termination
   shall not become effective.

   If the License granted is terminated all compensation accrued shall become due and payable
   immediately to Licensor, and Licensor shall not be obligated to reimburse Licensee for any
   payment paid by Licensee to Licensor.

   3. EFFECT OF TERMINATION OR EXPIRATION

   Upon expiration of the License granted in this Agreement, or, upon any earlier termination,
   all rights granted to Licensee under this Agreement shall immediately revert to Licensor. At
   no time after of termination or expiration of this Agreement shall Licensee use or refer to
   Asset or related Licensed Properties, except for the disposal of stock a
				
DOCUMENT INFO
Description: This document sets forth an agreement for the merchandising and marketing rights for a specified asset, such as a motion picture, book, or television program. As drafted, the licensor grants the licensee an exclusive manufacturing and marketing license. The licensee has the right to manufacture, advertise, distribute and sell the asset. The licensee is required to maintain product liability insurance and the parties agree to first mediate disputes before submitting disputes to a court of law. This document can be customized to fit the needs of contracting parties.
This document is also part of a package Business Strategy Starter Kit 18 Documents Included