ROCKET SCIENCE SPORTS
#TEAMROCKET2022 AGREEMENT
TERMS AND CONDITIONS
The purpose of this Agreement is to record the terms on which we will assist you in your athletic endeavours in consideration for your promise to provide your ambassador duties to us.
- Term: 12 month(s) commencing on date of signup.
- Ambassador: In consideration of your endorsement for the Term, we will provide:
- A full array of clothing and accessories, from swimming to cycling to triathlon, available to you, your team, and your family/friends, at 40% off the listed Recommended Retail Price.
- Your personalized discount code is below – it applies to not only #TEAMROCKET Team Portal products, but to all products across www.rocketsciencesports.com as well:
AMBASSADOR40OFF - Shipping Fees/Duty tax not included. These fees are to be fully covered by the sponsored athlete.
- Your Endorsement
In consideration of our and Ambassador Program, you agree that we have and you hereby grant to us the exclusive worldwide right and licence to your endorsement of products produced, manufactured promoted or sold by us and the right for us to sub-licence your endorsement in connection with the manufacture, sale, distribution and promotion of our products. This includes the marketing and ownership rights explained in paragraph 5 below.
Your endorsement means the right and licence for us to use your name, nickname, autograph, photograph, likeness, facsimile signature, voice, video or film portrayals and images including animation images in connection with our business activities as set out above.
- Your Obligations
During the term of this Ambassador and Ambassador Program Agreement you will:
- Supply us with weekly photos and updates on Facebook, Instagram, Pinterest, Twitter, WeChat and any other social popular social media platform. We want to see you train, race or just having fun in our gear.
- Provide updates on racing and results and well as provide images at our reasonable request for us to use to promote you.
- Be available for reasonable promotional appearances at trade shows, retailers, consumer expos and other such venues. You will also be available for the development of our promotions including photo sessions.
- Present and support our brand and identity in a positive way at all times which includes recognising us during appropriate interviews and media events.
- Where appropriate, endorse and recommend our products.
- Not deface, remove or alter any product bearing the Rocket Science Sports logo or name. However, wetsuit legs may be altered, so that the wetsuit ends just below the gastrocnemius.
- Not grant your endorsement to or contract with any other person who competes either directly or indirectly with us or our products and at all times give prominence to us as your major sponsor.
- Our rights to your endorsement include:
(a) Marketing Rights: During the term, the exclusive worldwide right and licence:
- in connection with the advertisement, promotion and sale of our products; and to refer to our participation as your official sponsor;
- feature you in our catalogues, on our website and in all advertising and promotional materials, posters, hero cards and billboards; and
- state in all of our promotional materials and marketing activities that our products are “endorsed and recommended” by you.
Our marketing rights refer to any form of marketing whether print, radio, film, Internet or Electronic media.
(b) Ownership of Promotional Materials: the ownership right to all photographs, commercials, films, articles, advertisements, and other promotional materials taken or created by us, our agents, employees or other media shall be our exclusive property (“the Promotional Materials”). We may copyright, use and publish the Promotional Materials as part of our marketing campaign during the Term. After the termination of this Agreement, the Promotional Materials may be used only by us as part of our historical record but not in new consumer or trade advertising, promotions or catalogues.
- Termination
In the event that you:
- commit a wilful act that we consider in our absolute discretion is materially detrimental to our image or business, including acts of immoral behaviour or the use of illegal or performance enhancing substances;
- breach any term of this Agreement;
- retire from sport;
we may immediately terminate this Agreement unless you remedy the breach in accordance with our instructions.
- General
(a) Currency: Any reference to “$” or “dollars” is a reference to the lawful currency of US.
(b) No Partnership: This Agreement does not constitute and shall not be construed as constituting an agency, partnership or joint venture relationship between the parties. You shall have no right to obligate or bind us in any manner whatsoever and nothing in this Agreement gives or is intended to give any rights of any kind to third persons.
(c) Confidential Information: This Agreement and its terms will remain confidential between both parties at all times including after the termination or expiration of this Agreement.
(d) Right of First Refusal: For the period of 90 days immediately following the termination or expiration of this Agreement we shall have the first right of refusal to the use or provision of your endorsements or services in relation to the development, promotion and sale of our products. If during that period, you receive a bona fide offer from a third party to use you for endorsements and/or services, you shall immediately notify us of the terms of the offer and must provide us with the opportunity to match or better the offer. If we equal or better such offer within 21 days after you notify us of the offer from the third party, you shall enter into an agreement with us on the terms of our offer.
(e) Tax: You will be exclusively liable for all income and other taxes payable in respect of payments made or products provided by us to you, and you agree to indemnify us if you fail to account for any income or other taxes. You acknowledge that we are entitled to make payments due to you less any withholding tax which may be required to be paid by law.