2015 Men’s College Basketball National Champions Licensing Program Guidelines Fermata Partners | 1 Thank you for your interest in obtaining a special license for the right to produce 2015 Men’s Basketball National Champions merchandise for the University of Kentucky. If approved by the University, this license will allow your company to manufacture and sell UK National Champions products in the event the University’s men’s basketball team wins the 2015 NCAA Basketball National Championship. The program will be managed by the University in conjunction with its licensing agency, Fermata Partners. The framework of this program is mildly complex given the confluence of multiple brands (UK and the NCAA), a truncated production window and marketplace excitement. We pledge to keep the process as streamlined and transparent as possible. If you have specific questions along the way, please feel free to reach out to either of the following individuals. Jana Franz Primary Fermata Contact jf@fermatapartners.com 404.537.5931 Heath Price Primary Fermata Contact hp@fermatapartners.com 404.537.5930 Please note: The UK National Champions (UKNC) license is only a grant of rights to produce merchandise in the event of the Kentucky Wildcats winning the 2015 NCAA Men’s Basketball Championship. This license in no way permits licensees to produce NCAA products for games during the NCAA Men’s Basketball Tournament. Licensing rights for the Tournament itself are controlled by the NCAA and not by the University or Fermata. Introduction | 2 LET’S GET STARTED... There are two groups of UK National Champions (UKNC) licensees: Existing NCAA Licensees - NCAA licensees have entered into a broad license agreement with the NCAA via CLC that grants rights to the NCAA Tournament, the Sweet Sixteen, the Final Four, the National Championship game and the eventual National Champions program. Current UK Licensees that are Not NCAA Licensees - Any existing UK licensee may apply for a UK National Champions license subject to the terms and conditions outlined in this document. UK National Champions licenses are only available for these two groups at this point in time. If your company does not meet this criteria and offers a unique commemorative product, you will be required to make a compelling case for approval in your application for these rights. Go HERE to begin the process of applying for a UK National Champions license. Getting Started | 3 LICENSEE GUIDELINES Existing NCAA Licensees • NCAA Licensees have entered into a broad license agreement with the NCAA via CLC. This agreement includes placeholder rights for UK’s National Champions licensing program. • In order to activate these same category and channel rights for UK specifically, NCAA licensees will be required to sign an amendment and/or full agreement with Fermata on behalf of UK for its National Champions licensing program. • NCAA Licensees are required to pay a UK royalty rate of 15% payable to Fermata on behalf of the University in accordance with the terms of the UK license agreement. If relevant, UK’s minimum royalty per unit requirements will be detailed in the agreement or amendment. • NCAA Licensees are required to pay an NCAA royalty rate of 5% payable to CLC on behalf of the NCAA in accordance with the terms of the NCAA license agreement. Any existing NCAA advance fees may be used to offset the royalties due from the 5% owed to the NCAA (but cannot be applied to the portion of the royalties that are due to UK). • NCAA Licensees are required to submit all UK National Champions designs via Fermata’s CAMPUS system for review and approval by UK. UK must approve a design before a licensee can move into production. NCAA Licensees will also need to submit all designs through CLC for approval by the NCAA. Licensee Guidelines | 4 LICENSEE GUIDELINES Kentucky Licensees that are NOT NCAA Licensees • UK licensees wishing to apply for an UKNC license will be required to complete this application for the University’s review. In order to accelerate the approval process, licensees are encouraged to only apply for National Champions rights for those products and sales channels for which they are currently approved by the University as detailed in their Retail License Agreement with Fermata. Note: UK reserves the right to disapprove an application regardless of a licensee’s existing category rights with the University. • If the University approves the National Champions application, licensees will be issued a National Champions amendment to their Fermata Partners Consumer Product Retail License Agreement. This amendment must be fully executed before a licensee may begin to submit designs for the University’s review and approval. • All UK National Champions designs must be submitted through Fermata’s CAMPUS system for approval. UKNC Licensees will also need to submit all designs through CLC for approval by the NCAA. • UKNC licensees are required to pay a UK royalty rate of 15% payable to Fermata on behalf of the University in accordance with the terms of the UKNC amendment. If relevant, UK’s minimum royalty per unit requirements will be detailed in the amendment. • UKNC licensees will also be required to pay an additional royalty rate of 5% payable to CLC on behalf of the NCAA. This incremental requirement of the National Champions program is managed by CLC on behalf of the NCAA. Please contact CLC’s Kelsey Ledford (kledford@clc.com) or Natalie Rowe (nrowe@clc.com) to learn more including the process for executing an agreement with CLC to capture the additional 5% royalty rate. Licensee Guidelines | 5 FINANCIAL SUMMARY 15% National Champions Royalty Rate due to Fermata on behalf of the University of Kentucky +5% NCAA Royalty Rate due to CLC on behalf of the NCAA 20% Total Royalty for the Program (Kentucky Rate + NCAA Rate) $4,000 Advance for UK National Champions License for Apparel (Does not apply to NCAA Licensees). This advance can only be applied against UK’s 15% National Champions Royalty Rate. $1,000 Advance for UK National Champions License for Hard Goods (Does not apply to NCAA Licensees). This advance can only be applied against UK’s 15% National Champions Royalty Rate. $500 Advance for non-NCAA license for Apparel due to CLC. This advance can only be applied against the NCAA’s 5% Royalty Rate. Contact CLC for payment information. $200 Advance for non-NCAA license for Hard Goods due to CLC. This advance can only be applied against the NCAA’s 5% Royalty Rate. Contact CLC for payment information. All advance fee payments must be received by Fermata before your application will be considered by UK. Checks will not be deposited until the National Championship Game is completed and will be returned or destroyed within two weeks if UK does not win. UK National Champions royalty reports will be due on the 20th of the month following the Royalty Period (Monthly or Quarterly) as referenced on Schedule A of your agreement with Fermata. Financial Summary | 6 PRODUCT DESIGN GUIDELINES • If Kentucky wins the NCAA Men’s Basketball National Championship, it will be the 9th NCAA title for the Men’s Basketball team, with prior titles coming in 1948, 1949, 1951, 1958, 1978, 1996, 1998, and 2012. • The winner of the April 6, 2015 Men’s Basketball National Championship Game will be considered the 2015 NCAA Men’s Basketball National Champion. Therefore, all designs should reference 2015 NCAA National Champions with a basketball reference. • Existing NCAA Licensees ARE PERMITTED to use specific references to the NCAA Basketball Tournament in any national champions designs including, but not limited to: NCAA Tournament logo or bracket, Sweet 16, Final Four, generic trophy images, NCAA logo, opposing team logo, game score, references to Indianapolis and/or April 4/6, 2015, and Lucas Oil Stadium (verbiage only). Licensees will also need to submit all designs through CLC for approval by the NCAA. • UKNC Licensees (that are not NCAA Licensees) are required to use NCAA (in a plain font) on submitted UKNC designs. Approved UKNC licensees ARE PERMITTED to include the following terms in their designs: Score of the game, logo of opposing team (with artwork receiving approval of opposing team), and the following verbiage: Champions, National Champions, College Basketball National Champions, College Basketball Champions, National Champs, and/or Champs. Licensees will also need to submit all designs through CLC for approval by the NCAA. • All licensees approved to produce UKNC product should use their current inventory of Fermata’s Genuine College Product label on National Champions merchandise. • If UK wins the Men’s Basketball National Championship and finishes the season 40-0, all UKNC licensees will be allowed to submit designs referencing a 40-0 undefeated season. These designs will be considered National Champions designs and will be held to the same standards as detailed on the prior pages of this document. These designs will be reviewed by UK prior to the end of the season with the understanding that they will only be produced by UKNC licensees if UK’s men’s basketball record is indeed 40-0 as of April 7, 2015. • Licensees must sign the UK National Champions amendment before being eligible to submit National Champions designs for approval. • Licensees may begin to submit UK National Champions designs once the UKNC Amendment is signed through Fermata’s online CAMPUS system. • If requested by the University, Licensees will be required to provide the University with two finished samples within 30 days after the National Championship. Product Design Guidelines | 7
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