2014 College Football National Champions Licensing Program Guidelines

Transcription

1 2014 College Football National Champions Licensing Program Guidelines Fermata Partners / December

2 Thank you for your interest in obtaining a special license for the right to produce 2014 College Football National Champions merchandise for the University of Oregon. If approved by the University, this license will allow your company to manufacture and sell Oregon National Champions products in the event the University s football team wins the 2014 College Football Playoff (CFP). This program will be managed by the University in conjunction with Fermata Partners Oregon s trademark licensing agency. The framework of this program is mildly complex given the confluence of multiple brands (Oregon and College Football Playoff), 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 any of the following individuals. Matt Dyste Primary Oregon Contact mdyste@uoregon.edu Jana Franz Primary Fermata Contact jf@fermatpartners.com Nita Nickell University of Oregon nnickell@uoregon.edu Lisa Cannell University of Oregon lcannell@uoregon.edu Chris Prindiville Fermata Partners cp@fermatapartners.com ***IMPORTANT NOTE: The Oregon National Champions license is only a grant of rights to produce merchandise in the event the Oregon Ducks win the College Football Playoff National Championship Game. This license in no way permits licensees to produce College Football Playoff (CFP) products for the games on January 1 at the Rose & Sugar Bowls, or on January 12 at AT&T Stadium in Dallas. The College Football Playoff - not the University - controls licensing rights to those events. Introduction 2

3 LET S GET STARTED... There are two groups of Oregon National Champions (ONC) licenses: Existing College Football Playoff (CFP) Licensees - CFP licensees have entered into a broad license agreement with the CFP via CLC that grants rights to the two semi-final games, the national championship game and the eventual National Champions program. Current Oregon Licensees that are Not CFP Licensees - Any existing Oregon licensee may apply for an Oregon National Champions license subject to the terms and conditions outlined in this document. Oregon National Champions licenses are only available for these two groups at this point in time. If your company does not meet the criteria and offers a unique commemorative product, you will be required to present a compelling case in your application for these rights. CLICK HERE to begin the process of applying for an Oregon National Champions license online. Getting Started 3

4 LICENSEE GUIDELINES Existing College Football Playoff (CFP) Licensees CFP licensees have entered into a broad license agreement with the CFP via CLC. This agreement automatically grants Oregon National Champions licensing program rights in accordance with the CFP regulations under financial terms established by the University and subject to the University s approval rights. In order to activate these same CFP category and channel rights for Oregon specifically, CFP licensees will be required to sign an amendment and/or full agreement with Fermata on behalf of Oregon s National Champions licensing program. CFP licensees are required to pay an Oregon royalty rate of 15% payable to Fermata on behalf of the University in accordance with the terms of the Oregon license agreement. If relevant, Oregon s minimum royalty per unit requirements will be detailed in the License Agreement. CFP licensees are required to pay a CFP royalty rate of 5% payable to CLC on behalf of the CFP in accordance with the terms of the CFP license agreement. Any existing CFP advance fees may be used to offset the royalties due from the 5% owed to the CFP but cannot be applied to the portion of the royalties that are due to Oregon. CFP licensees are required to submit all Oregon National Champions designs via Fermata s CAMPUS system for review and approval by Oregon. Each design must be approved by the University before it can be produced. Licensee Guidelines 4

5 LICENSEE GUIDELINES Oregon Licensees that are NOT CFP Licensees Oregon Licensees seeking an Oregon National Champions license must first execute a standard license agreement or an amendment to their existing license agreement with Oregon s newly announced licensing agency, Fermata Partners. Once the standard license agreement or amendment has been executed, Oregon licensees wishing to apply for an ONC 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: Oregon 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 Oregon 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 ONC designs must be submitted through Fermata s CAMPUS system for approval. Each design must be approved by the University before it can be produced. ONC licensees are required to pay an Oregon royalty rate of 15% payable to Fermata on behalf of the University in accordance with the terms of the ONC amendment. If relevant, Oregon s minimum royalty per unit requirements will be detailed in the License Agreement. ONC licensees will also be required to pay an additional royalty rate of 5% payable to CLC on behalf of the College Football Playoff, plus applicable advances of $1,000 for apparel and $500 for hard goods. This incremental requirement of the National Champions program is managed by CLC on behalf of the CFP. Please contact CLC s Kelsey Ledford (kledford@clc.com) or Natalie Rowe (nrowe@clc.com) to learn more, including the process for signing a CLC license agreement to cover the 5% royalty rate. Licensee Guidelines 5

6 FINANCIAL SUMMARY 15% National Champions Royalty Rate due to Fermata on behalf of the University of Oregon +5% College Football Playoff Royalty Rate due to CLC on behalf of the College Football Playoff 20% Total Royalty for the Program (Oregon Rate + CFP Rate) $5,000 Advance for Oregon National Champions License for Apparel. This advance can only be applied against Oregon s 15% royalty rate. (CFP Licensees are not required to pay an Oregon advance.) $1,500 Advance for Oregon National Champions License for Hard Goods. This advance can only be applied against Oregon s 15% royalty rate. (CFP Licensees are not required to pay an Oregon advance.) $1,000 Advance for College Football Playoff license for Apparel due to CLC. This advance can only be applied against the CFP s 5% royalty rate. Contact CLC for payment information. $ 500 Advance for College Football Playoff license for Hard Goods due to CLC. This advance can only be applied against the CFP 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 Oregon. Checks will not be deposited until the National Championship Game is completed and will be returned or destroyed within two weeks if Oregon does not win. Oregon 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 Retail License Agreement with Fermata. Financial Summary 6

7 PRODUCT DESIGN GUIDELINES The winner of the January 12, 2015 National Championship Game will be considered the 2014 Football National Champion. Therefore, all designs should reference 2014 National Champions. The University of Oregon has an exclusive license agreement granting exclusive use of the Oregon O to its athletic apparel and equipment supplier. As a result, no other apparel licensees may use the Oregon O including the O with wings logo. CFP Licensees producing Oregon National Champions merchandise featuring either two-team designs or four-team designs (e.g., CFP bracket) and the College Football Playoff event logo may use Oregon s primary O logo on select apparel items pending specific design approval by the University on a case-by-case basis. Oregon will not approve any closed back headwear regardless of the design. Any references to the NCAA will not be allowed on designs because the College Football Playoff is not an NCAA event. Existing CFP licensees MAY use specific references to the College Football Playoff in any national champions designs, including, but not limited to: College Football Playoff(s), Playoff(s), the inaugural CFP Trophy, generic trophy images, CFP logo or CFP National Championship game logo, references to Dallas and/or January 12, 2015, and AT&T Stadium (verbiage only). Oregon licensees that are not CFP licensees may NOT feature any of the following elements in their designs: College Football Playoff(s), Playoff(s), the inaugural CFP Trophy, generic trophy images, CFP logo or CFP National Championship game logo, references to Dallas and/or January 12, 2015, and/or AT&T Stadium. ONC Licensees CAN include the following terms in their designs: Champions, National Champions, College Football National Champions, College Football Champions, National Champs, and/or Champs. Given the timing of the transition of Oregon s licensing program to Fermata, ONC licensees may use either their current inventory of Oregon s Collegiate Licensed Product label, or Fermata s Genuine College Product label on National Champions merchandise. Product Design Guidelines 7

8 DESIGN SUBMISSION GUIDELINES All licensees must first sign their Oregon Retail License Agreement through Fermata s CAMPUS system, and then additionally sign the Oregon National Champions amendment, prior to submitting any designs for review. Once both agreements are fully signed, licensees are required to submit all Oregon National Champions designs via Fermata s CAMPUS system for review and approval by Oregon. Each design must be approved by the University before it can be produced. Licensees are encouraged to submit designs as quickly as possible to ensure efficient turnaround time by the University. The University will not be available to approve any Oregon National Champions designs from December 24 December 28 and December 31 - January 4. Licensees will be expected to provide the University with two finished samples within 30 days after the National Championship. Design Submission Guidelines 8