The agreement is designed to run for a period of 12 months from the date of signature.
During the period FLYBE HAS
1. the right to use the association with and title of the individual or organisation in all advertisements, promotions, publications and literature used by the Sponsor worldwide, the right to use and exercise worldwide such copyrights and other intellectual property rights owned by the individual or organisation (including, but without limitation, the individual’s or organisation’s Intellectual Property) subject, where necessary to reimbursement of any copyright fees incurred by the individual or organisation to third parties directly for the purpose of enabling the Sponsor to use and exercise such intellectual property rights;
2. the right to take still and video photographs of any aspect of the Individual’s or organisation’s activities and to use these photographs or films for any publicity purposes to include broadcast TV, satellite and cable, subject to the individual or organisation having such rights to grant.
OBLIGATIONS
1. The individual or organisation shall not make or issue any announcement, circular or press release in connection with this Agreement (its existence or terms) without the prior written consent of Flybe. The parties shall work together to agree a suitable media launch to announce the association between the parties. This clause shall survive termination of this Agreement for whatever cause.
2. The individual or organisation shall not grant to or permit to be granted to any third party the right to describe itself as “the official and/or main sponsor of the individual or organisation ” and/or to use the Designation in describing itself; nor
3. Appoint or permit to be appointed any third party that is a Competitor of Flybe to be a sponsor of the individual or organisation
4. Permit any other logo or name other than that of the kit manufacturer (where applicable), the individual or organisation and Flybe to appear anywhere on the clothing worn by the individual or organisation whilst pursuing the main activity, except by prior mutual agreement
5. For the avoidance of doubt, an individual or organisation shall be entitled to enter other sponsorship arrangements provided that such sponsor(s) shall not be Competitors and that the agreement of Flybe has been sought.
6. Flybe will not perform any act or thing which, in the reasonable opinion of the individual or organisation, is prejudicial to or defamatory of the name, image or reputation of the individual or organisation, or the activity of that individual or organization which may bring the individual or organisation into disrepute.
7. The individual or organisation shall not without the prior written/oral consent of Flybe (the grant of which shall be at the complete discretion of Flybe) engage in any joint exploitation of the Flybe name or involvement with the individual organisation, with any third party.
8. Flybe will co-operate with the Club to maximise the public relations benefit of this Agreement in the media and in respect of other promotions
9. Flybe will at no charge provide to the individual or organisation upon request and within the deadlines set by the individual or organisation, finished artwork relating to the Flybe Mark including any replacement of it.
10. The individual or organisation members, officers and other representatives and employees of the organisation may become involved with representative organisations at any level (e.g. international teams) and with third party organisations which may involve them promoting, advertising and/or endorsing competing products/companies to those of Flybe (including Competitors) and where the individual or organisation has no power to prevent such involvement, such involvements shall not constitute a breach of this Agreement;
11. The Individual or organisation undertakes: 11.1 not to use Flybe’s name or Mark otherwise than as permitted by this Agreement; 11.2 not to use any mark or name which is confusingly similar to the Flybe’s name or Mark without the Flybe’s prior approval; 11.3 not to register or seek to register Flybe’s name or the Mark as a trademark or other registerable Intellectual Property Right 12. In the event that another airline is used other than Flybe for transport, the individual or organisation agrees not to use or allow to be used any photographs or moving images, which show individuals or members of the organisation in the vicinity of the aircraft exterior in any of the individual or organisation’s official publications or official website and to decline any request for photo opportunities and not to otherwise to promote or endorse the company providing such Airline service.
13. The individual or organisation, subject to the terms of any existing agreement, by which agreement it/they is bound, ensure that a hyperlink exists from the individual’s or organisation’s website to Flybe’s. Also not advertise or allow to be advertised any other airline or conflicting travel company at any time within the Agreement Period on the website or on any advertising material produced by the individual or organisation.
EXCLUSIVITY It is understood that, during the course of the 12 month partnership the individual or organisation will not seek new partnerships with other Airline or travel organisation that is in direct competition with Flybe, without prior discussion and agreement with Flybe. This agreement is not to be withheld unreasonably.
TERMINATION If at any time during the currency of this Agreement the individual or organisation is required to enter into or become a party to any sponsorship agreement the terms of which have been negotiated by the individual or organisation for the benefit of it or its members and which in the reasonable opinion of the parties or any of them substantially conflicts with the terms of this Agreement, either party shall be at liberty to determine this Agreement by serving on the other party three months' notice to that effect. In the event of termination the individual or organisation shall refund to the Sponsor as soon as reasonably practicable a proportionate part of the Sponsorship Fees paid in respect of the twelve-month period.
The individual or organisation and Flybe shall each be entitled to terminate this Agreement by giving to the other 30-calendar days notice in writing if the other: commits a serious or persistent breach of its obligations under this agreement, which is not remedied within 28 days of a letter being received from the other party complaining of such breach.
Dated: Signed For:
Flybe For:
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