14. Oktober 2021
What Is A Merchandising Agreement
7.1 Licensor represents and warrants that it has the right and authority to grant the licenses granted herein and that there are no other agreements with any other party that conflict with this. Whether you`ve created a popular logo or image and want others to produce and distribute products with that image, or you`re a store owner who wants to make and sell products with popular logos in your workplace, you`ll need a merchandising agreement. A merchandising agreement is essentially an intellectual property license and grants the merchandiser a license to use the trademark image on the products they manufacture and sell. Typically, intellectual property owners draft a single merchandising agreement and customize it for multiple licensees.  X Research Source 11.5 In the event of termination of this Agreement, Licensee immediately and permanently agrees to cease manufacturing, selling, advertising, distributing and using the Licensed Products and Promotional Materials; immediately and permanently cease the use of the trademarks; immediately destroy any films, molds, matrices, samples or similar items from which the Licensed Products and Promotional Materials were manufactured, if any element of the Marks is an integral part thereof; and immediately terminate all agreements with manufacturers, distributors and others relating to the manufacture, sale, distribution and use of the Licensed Products. If the licensee does not comply with its obligations, the licensor has the right to terminate the contract. However, this measure is usually avoided at all costs, as the termination of a merchandising license agreement can result in a loss of revenue and missed opportunities to use the property by the licensor, as well as the waste of an often significant investment by the licensee. The agreement also addresses the licensee`s obligations. In addition to payment terms, these may include responsibility for enforcing piracy violations or violations or a warranty by Licensee to make good faith efforts to sell the Licensed Products. To learn more about merchandising licensing agreements, you can publish your legal needs on the UpCounsel marketplace. UpCounsel only accepts the top 5% of lawyers on its website. UpCounsel`s lawyers come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including working with or on behalf of companies such as Google, Menlo Ventures and Airbnb.
16.6 Licensee agrees to provide copies of this Agreement to any government agency in any country in the Licensed Territory where approval of a License Agreement is required as soon as possible after the performance of this Agreement and agrees to promptly pursue such request with care. 12.4 Upon termination of this Agreement for any reason, Licensee agrees to promptly return to Licensor all materials relating to the Marks and Licensed Property, including, but not limited to, all works of art, color separations, prototypes and the like, as well as any market research or other tests or studies conducted by Licensee in connection with the Marks and the Licensed property. at no cost to Licensor. 15.2 Any dispute or disagreement that may arise between Licensee and Licensor in connection with any interpretation of this Agreement or its performance or non-performance shall be resolved exclusively by the courts located in Tarrant County, Texas. .