ARTICLE 25: ENDORSEMENTS; SPONSORSHIPS; LICENSING
25.1 No Player shall be involved in any endorsement or sponsorship of alcoholic beverages (excluding malt-based beverages such as beer) and/or tobacco products.
25.2 When a Player enters into an endorsement, sponsorship or licensing arrangement for himself, he may mention the name of his Club for identification purposes without needing the consent of his Club or paying for its use. A Player shall not use the Club insignia without the consent of the Club which shall not be unreasonably withheld.
25.3 In the case of a League or Club endorsement or sponsorship or licensing arrangement, the League or Club shall not use the individual personality, including his name and/or likeness, of any Player without his consent. This provision shall not be interpreted to prohibit the League or an individual Club from utilizing "game action" images or footage in a League or Club endorsement or sponsorship arrangement, provided the focus of the image or footage is not on an individual Player.
25.4 Nothing contained in this Agreement or in any SPC shall preclude the NHLPA from entering into any endorsement, sponsorship or licensing arrangements provided the NHLPA may not use the insignia of the League or of any Club without consent.
25.5 (a) The NHLPA acknowledges a wide range of marketing/commercial promotions ("Promotions") utilized by Clubs and Club sponsors in the past, where there is no sale of any items using any Player personality rights. The NHLPA recognizes these past practices and the right to continue such Promotions in the future. Where questions concerning any compensation for Player rights arise under such Promotions, the matter shall be referred for resolution to the Chief Legal Officer of the NHL and the Senior Director, Business Affairs and Licensing of the NHLPA.
(b) The Clubs acknowledge the existence of the NHLPA Group Licensing Program through which the Players exclusively authorize the NHLPA to use, license, and sub license the use of their name, signature, picture, biographical sketch, playing record, Player number and likeness in groups of three or more Players across the league on or in any one product or advertisement or series of products or advertisements. "Picture" and "likeness" do not include Club uniforms or logos.
(c) The Clubs further acknowledge that the NHLPA has in the past licensed and continues to license the use of still photographs and pictures of the Players, but not the Club uniform or logos. The Clubs agree to forever release all past, present and future claims to monies paid to NHLPA by licensees for the right to use the Players' photographs and pictures, but not the Club uniforms or logos, on any licensed product.
(d) The NHLPA and the Clubs, directly or through their designated licensing representative, shall continue to jointly license all manufacturers of retail trading cards that incorporate images of current Players in NHL Club uniforms. Neither the NHLPA nor the Clubs shall license any such retail trading card licensees solely unless the other declines to participate. The NHLPA and Clubs shall continue to negotiate their own royalty payments in their respective license agreements.
25.6 (a) Upon execution of this Agreement, the NHLPA shall provide to the NHL a full and complete copy of the NHLPA Group Licensing Agreement (the "Group License"). Thereafter, the NHLPA agrees to provide the NHL with notification and copies of any and all amendments or modifications that are made to the Group License during the term of the Agreement.
(b) Upon execution of this Agreement, the NHL shall provide to the NHLPA full and complete copies of the License Agreements dated as of December 16, 1996, and effective as of July 1, 1996, between the Member Clubs of the National Hockey League and NHL Enterprises, L.P. (or certain of its affiliates) providing for licensing of certain intellectual property rights of the Member Clubs to NHL Enterprises, L.P. (or certain of its affiliates) (the "Master License"). Thereafter, the NHL agrees to provide the NHLPA notification and copies of any and all amendments or modifications that are made to the Master License during the term of the Agreement.
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