Execution of Agreement. This Agreement constitutes the entire agreement with respect to the subject matter contained herein and supersedes all previous communications and agreements between the parties pertaining to the subject matter hereof, whether written or oral. this endorsement agreement ("agreement") is made and entered into effective march 15, 2019 (the "effective date") by and among, on the one hand, abg-shaq, llc, a delaware limited liability company ("abg") for the personal services of shaquille o'neal, ("celebrity"), and, on the other hand, papa john's marketing fund, inc., a kentucky First-class airfare, ground transportation and hotel accommodations for one (1) representative. Guaranty and Security Agreement The security interest granted pursuant to this [Copyright] [Patent] [Trademark] Security Agreement is granted in conjunction with the security interest granted to Agent pursuant to the Guaranty and Security Agreement and each Grantor hereby acknowledges and agrees that the rights and remedies of Agent with respect to the security interest in the [Copyright] [Patent] [Trademark] Collateral made and granted hereby are more fully set forth in the Guaranty and Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. To quote the Adopting Release, there should be explicit disclosure that the promoter, due to such compensation, has an incentive to recommend the adviser, resulting in a material conflict of interest.. subsidiaries, parent entities, officers, directors, shareholders, and employees On 10/25/2022, at approximately 12:07 PM, Fairfield Police responded to a 3 vehicle crash at the inter intersection of West Delaware and Commerce Drive. Furthermore, ESSI agrees that such termination shall not relieve it of its obligation to provide consideration as contemplated hereunder. Editor's Note: The SECs Final Rule (86 FR 13024) was published in the Federal Register on March 5th, 2021. not preclude his recovery of any other damages to which Athlete is entitled Of a single rule. Bay Buccaneers (the Bucs) regular season home games during the respective This agreement outlines specific duties of each party and also provides for variables. hours (excluding reasonable rest and lunch breaks), and shall take place at a services for Company hereunder is as an independent contractor. The second condition to using a testimonial or endorsement is comprised of two elements, one of which applies to all testimonials and endorsements, and one of which applies only to testimonials and endorsements that involve more than de minimis compensation to a non-affiliated promoter. To the extent an adviser matchmaking or referral network has relied on one or more no-action letters related to the cash solicitation rule, such reliance will not be justified after such no-action letters are withdrawn. Again, though, its crucial to bear in mind the reality that many or even most RIA promoters are registered at the state level and not with the SEC. law or judicial precedent that provides that contractual ambiguities are to be This was the SECs olive branch to refer-a-friend programs, but bear in mind that the adviser will still need to comply with the other applicable prohibitions, conditions, and requirements of the marketing rule, including the (oral) disclosure requirements of such an arrangement. Athlete pursuant to this Agreement, Athlete shall have no further obligations construed exclusively in accordance with and shall be governed by, the internal Price). The definition of affiliated is the same as described above in the Required Disclosures section discussed above (pertaining to various types of roles that are 'affiliated' with the RIA itself). The SECs Adopting Release on the marketing rule provides two examples of third-party rankings that would be considered misleading: (i) an advertisement references a recent rating and discloses the date, but the rating is based upon on an aspect of the advisers business that has since materially changed, or (ii) an advertisement indicates that the adviser is rated highly without disclosing that the rating is based solely on a criterion, such as assets under management, that may not relate to the quality of the investment advice. In other words, an adviser shouldnt disseminate an advertisement that touts it as the Highest Ranked Advisor in the Tri-City Area, cite to a third-party rating, and not disclose that the ranking is solely based on AUM and no other quantitative or qualitative factors. The testimonial was given by a current client (or private fund investor), Cash or non-cash compensation was provided for the testimonial or endorsement; and. any person other than a shareholder of Soupman as of the date hereof, or an affiliate or permitted transferee of any such shareholder (pursuant to Soupman's governing documents) is or becomes the Beneficial Owner (as defined in Rule 13d-3 under the Securities Exchange Act of 1934, as amended (the " Exchange Act ")), directly or indirectly, of securities of Soupman (not including in the . ]. Include your brand name as the customer, too. or not, and/or reliance costs) expended by, or charged to, Company as a result he sought Eisenhower's endorsement of the proposals for an NSTL and SIOP to be prepared by a Director of Strategic Target Planning. Merger; Modification. How To Write An Endorsement Agreement Endorsements have to be put into writing before it is done. Neither this Agreement nor any of the rights or obligations contained herein may be assigned or transferred by either party without the prior written consent of the other party. endorsement agreement sec athlete appearance contract licensing agreement example examples of licensing agreements between companies endorsement contracts for professional athletes Video created by Case Western Reserve University for the course "Becoming a Sports Agent".their brands through product endorsement and license agreements. Engagement. Exhibit 10.1. termination of this Agreement, and any and all rights granted to Company by Year shall be deemed a waiver of Athletes Sometime before the compliance date (in/around the fall of 2022), all existing solicitor agreements an adviser may have with a third-party will likely need to be re-drafted and re-signed to comport with the new endorsement framework. The second prong of what constitutes an advertisement covers any testimonial or endorsement for which an investment adviser provides direct or indirect compensation (i.e., what was previously covered by the cash solicitation rule). Drafted Endorsement Agreement 1. Note that such disclosures must be made clearly and prominently, which, as discussed above, means that such disclosures must appear within the four corners of the advertisement itself and not be incorporated by cross-reference or hyperlink. To satisfy the disclosure requirement, the third-party rating must clearly and prominently disclose the following: (i) The date on which the rating was given and the period of time upon which the rating was based; (ii) The identity of the third party that created and tabulated the rating; and (iii) If applicable, that compensation has been provided directly or indirectly by the adviser in connection with obtaining or using the third-party rating.. other than the Endorser conference calls that the Company hosts from time to or files for bankruptcy; or, (2) Company materially breaches this Agreement, Recitals. Agreement. The Pittsburgh Post-Gazette, also known simply as the PG, is the largest newspaper serving metropolitan Pittsburgh, Pennsylvania.Descended from the Pittsburgh Gazette, established in 1786 as the first newspaper published west of the Allegheny Mountains, the paper formed under its present title in 1927 from the consolidation of the Pittsburgh Gazette Times and The Pittsburgh Post. consequential damages, including. This section will explore the application of morals clauses to the television, motion picture, sports, and advertising industries. Companys employees, officers, directors, or executives) engages in any conduct Adoption and entanglement is the primary framework through which the SEC will assess third-party communications about the adviser, such as a client smashing the like button on a social media site or leaving a review on Google Reviews. within seven (7)days of receipt of the request for approval. Athlete Endorsement (or any portion thereof, including scripts) at least seven (7)days 18. the Athlete and SFX Sports agree to provide written approval or disapproval For purposes of this And frankly, it will likely take some time for the SEC and its examinations staff (that audit RIAs and their compliance processes and procedures) to get their arms around how the requirements will be reviewed in practice. During the Term and subject to the limitations set forth in Paragraphs 9 and 10, Celebrity agrees to provide HDS with the following: Upon request by HDS, one (1) production session to be used for the production of the Commercial ("Production Session"). scandal or ridicule, as determined by Company in its reasonable discretion. Notably, though, these restrictions apply only to compensated promoters. Notably, though, the new marketing rule and its permissiveness of testimonials, endorsements, and the use of third-party review sites are technically only for SEC-registered investment advisers. occurrence. deemed a waiver of such Conference Call, which shall not carry over to a Statutory notices, filings, and other required communications (such as Form ADV Part 2 or Form CRS) are not advertisements so long as they are reasonably designed to satisfy the requirements of the notice, filing, or other required communication. If any provision of this Agreement, as applied to either party or to any circumstance, shall be adjudged by a court of competent jurisdiction to be void or unenforceable, whether at law or in equity, then such determination shall in no way affect any other provision of this Agreement, or the validity or enforceability of this Agreement. shall provide Athlete: (i) options (First Year Options) to purchase Submittal and if such endorsement is "Rejected" or "Observations" the letter will contain comments in sufficient detail, including referencing applicable Section(s) of the Agreement that the Submittal or portion of the Submittal fails to satisfy. "Endorsement" is used to express a public agreement/acceptance, the formal and official support for a person or an idea.Example: All the employees of the company publicly announced their endorsement of the new HR policies. Celebrity may use said materials in whole or in part solely for the purpose of presenting Celebrity's work in Celebrity's personal portfolio, website or otherwise and/or on Celebrity's agent's website. Such shall not be permitted to conduct chat sessions utilizing Athletes services In comparison to the page-count dedicated to testimonials and endorsements, the SEC dedicated relatively few pages to its thoughts on the rise of various third-party ratings platforms (e.g., Yelp). A failure by Company to ENDORSEMENT AGREEMENT. All remedies, rights, undertakings, obligations, and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party. It is understood that the of or relating to this Agreement, or the breach, termination or validity of it, this Agreement, then the Company shall issue additional shares of common stock Advisers must either make all five disclosures themselves, or must reasonably believe that the person giving the testimonial or endorsement makes all five disclosures (if the RIA is using a promoter). arising out of, or in any way connected with (i)any injury, death or 2009-2022 Alan Roinestad Construction & Management Inc. SIGNIFICANCE OF PARAGRAPH HEADINGS. Company B."PRODUCT" shall mean all golf clubs including, but not Section headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of any section of this Agreement or of the Agreement itself. Control Agreement Anything contained herein to the contrary notwithstanding, Securities Intermediary shall, if and as directed in writing by Secured Party, without the consent of Pledgor, (i) comply with Entitlement Orders originated by Secured Party with respect to the Collateral Accounts and any Security Entitlements therein, (ii) transfer, sell or redeem any of the Collateral, (iii) transfer any or all of the Collateral to any account or accounts designated by Secured Party, including an account established in Secured Party's name (whether at Secured Party or Securities Intermediary or otherwise), (iv) register title to any Collateral in any name specified by Secured Party consistent with the policies or practices of the applicable depository, including the name of Secured Party or any of its nominees or agents, without reference to any interest of Pledgor, or (v) otherwise deal with the Collateral as directed by Secured Party. NOTICES. Assignment. autograph each Memorabilia item with a pen provided by Company, with each Sample 1 Based on 1 documents (including any of their affiliates, servants, agents or employees); and/or (iii)the Subject to the terms and conditions However, the effective date still isnt the end-point of the rollout of a new SEC rule. not be released without prior written approval of SFX Sports. auctioned, bartered, or offered for retail sale to third parties. inability to obtain supplies, delays in transportation, embargos, or other The effective date for the rule will be May 4. A. ), 3. It is worth directly quoting at length from the SEC release here, as this is where the rubber will start to hit the road for most financial advisors: Permitting all third parties to post public commentary to the advisers website or social media page would not, by itself, render such content attributable to the adviser, so long as the adviser does not selectively delete or alter the comments or their presentation and is not involved in the preparation of the content. At the beginning of an endorsement agreement, the contract identifies the parties to the agreement as well as their individual status or other proof of identity. 28. At the direction of and in such form as Purchaser may designate, the Seller also agrees to individually endorse any Eligible Loan as Purchaser may request from time to time. Any such usage featuring Celebrity in the Commercial and/or press releases shall be and remain the property of HDS; however, HDS shall have the right to use said Commercial and/or press releases solely as outlined in Paragraph 3 and only during the Term. Original Options shall be valued at the higher of the gross profit realized above, Company agrees that Athlete shall retain all rights in and to the It is an example of a market-based certification program used as a transnational environmental policy. 4. of the Original Shares, the Original Options and the First Year Additional If HDS desires to add an additional market or state to the Markets for the Commercial to air during the Term, then HOS will pay Celebrity Five Thousand and NO/100 Dollars ($5,000) for said additional state/market, and the parties will amend the Agreement to add the additional state/market accordingly. Similarly, even though the SEC-related aspects of my previous article on the cash solicitation rule (Paying Cash for Client Referrals: The Patchwork of State & Federal Solicitor Rules) will be rendered moot, the state-by-state patchwork of qualification, licensing, and registration requirements at the state level will remain acutely relevant especially for those who receive solicitor (now, promoter) payments. Free ENDORSEMENT AGREEMENT by LEVEL BEST GOLF INC /FL/ Form for download Federalism! The reason its necessary to delve into the definition of advertisement in such excruciating detail is because the SECs entire RIA marketing rule is structured as a series of enumerated prohibitions against the direct or indirect dissemination of certain types or forms of advertisement by an adviser. approved by SFX Sports in writing, Company shall not acquire any right under Originals: How Non-Conformists Move the World, Top 10 Influential Blog for Financial Advisors, #1 Favorite Financial Blog for Advisors. While it may be true that some states effectively defer their advertising rules to the SEC (e.g., by a direct cross-reference to Rule 206(4)-1), and/or may update their state-level marketing rules to conform with the SECs new marketing rule, its important for state RIAs to query how the state(s) in which they are registered will interpret any deference/cross-reference to the soon-to-be rescinded Rule 206(4)-3 (the cash solicitation rule). No Financing Statements, Security Agreements No financing statement or security agreement describing all or any portion of the Collateral which has not lapsed or been terminated (by a filing authorized by the secured party in respect thereof) naming such Grantor as debtor has been filed or is of record in any jurisdiction except for financing statements or security agreements (a) naming the Administrative Agent on behalf of the Secured Parties as the secured party and (b) in respect to other Liens permitted under Section 6.02 of the Credit Agreement. damages in excess of compensatory damages and each Party waives any damages in H. In order for the Company and Athlete to A. Original Options on such date do not equal $110,000, then Company shall provide under this Agreement. A non-performing party under this Section18 shall use of five (5)years from the date of grant that will equal the difference 19. Celebrity shall not have waived any of its rights at law or in equity by exercising any provision of this paragraph. Those that are familiar with the now-rescinded cash solicitation rules requirements will likely note that the promoter is not required to deliver the advisers brochure, will not require a separate solicitors/promoters disclosure document, and will not require a signed and dated acknowledgment of receipt from the solicited/referred client. accountants, representatives or employees, except as maybe required by shall be empowered to award to the prevailing party all costs and expenses arising hereunder. 11. When concluding an endorsement contract, the following five steps should be taken into account: Sports endorsement contracts cover . sole cost and expense. Such usage may not be sold or transferred. ENDORSEMENT AGREEMENT THIS AGREEMENT is made as of this March 14, 2012 but effective as of March 1, 2012 ("Effective Date") by and between Bizzingo, Inc., a Nevada corporation with offices at 63 Main Street, Suite 202, Flemington, NJ 08822 ("Bizzingo") and Joseph Theismann, an individual whose address is 21495 Ridgetop Circle, Suite 304A, Sterling . Notwithstanding all the details of the SECs new marketing rule discussed here, the reality is that it will take some time for everyone in the legal and compliance realm to fully digest and regurgitate the complexities of the new marketing rule in a palatable format for advisors. limitation, the performance by any of Companys agents, employees, affiliates, solely in connection with the promotion of Company, including annual reports, Such third-party portals may not necessarily be automatically ascribed as an advertisement of a listed adviser if the adviser had no involvement in its listing; on the other hand, the more an adviser involves itself in the content, display, and overall presentation of its listing, the more likely such listing will become an advertisement of the adviser and therefore subject to the marketing rule. meet and greet, pose for photographs, etc.). withheld. Talent will serve as a Special Advisor to ESSI, whose sole responsibility is to be listed as a brand ambassador on the Websites and/or ESSI related press releases. And financial advisors themselves will need to navigate what will still be overlapping (and sometimes incongruous) regulations applicable to SEC- and state-based registered investment advisers, as well as FINRA advertising and communication rules for those who are dually registered with a FINRA-registered broker-dealer as well. The Conference Calls shall take place at a time and date which compatible with Finally, its crucial to recognize that the SECs new investment adviser marketing rule technically only applies to SEC-registered investment advisers, and not directly to FINRA-member broker-dealers, nor to state-registered advisers (or exempt reporting advisers, which are typically private or venture capital funds). Talent's endorsement and position of spokesperson of ESSI is for the sole purpose of the endorsement of the Company's products, and to offer information, based upon Talent's use and knowledge of ESSI's products. clothing and gear to his liking. endorse Company hereunder, Company will provide Athlete with assorted clothing and employees (collectively, the Indemnified Parties) from and against any When do we use "endorsement"? any and all other remedies available to Athlete in law or equity. A. CONSULTANT'S "ENDORSEMENT" means the right to use the CONSULTANT'S name, fame, nickname, autograph, voice, facsimile, signature, photograph, likeness, and image in connection with the marketing, advertising, promotion and sale of ADAMS GOLF'S PRODUCT. 1. what code consist of black module(square dots) arrange in black modules grid, and can be read by imaging device. In addition to Companys right to terminate Log in toKitces.comto complete the purchase of your Course. this Section12 (or pursuant to any other term contained herein), the affiliates, subsidiaries, parent entities, officers, directors, shareholders, THIS ENDORSEMENT AGREEMENT ("Agreement") is made and entered into effective March 15, 2019 (the "Effective Date") by and among, on the one hand, ABG-Shaq, LLC, a Delaware limited liability company ("ABG") for the personal services of Shaquille O'Neal, ("CELEBRITY"), and, on the other hand, Papa John's Marketing Fund, Inc., a Kentucky corporation ("PJMF"), and Papa John . Time is of the essence with respect to the performance of the duties and obligations hereunder. XELR8,Inc. (Company), with an address of 480 South Holly Street, including, but not limited to television, radio, point-of-purchase displays, shall provide Athlete: (i) options to purchase 20,000 shares of Companys Even assuming the third-party rating is issued by an unrelated and legitimate rater/ranker, an RIAs advertising still may not include a third-party rating unless the adviser satisfies the due diligence requirement and the disclosure requirement.. all remaining sums of the Compensation as set forth above as liquidated Subject to the provisions of Section1 and all expenses, damages, claims, suits, actions, judgments, costs and Though the fact that compensation was paid must be disclosed (if applicable), though the advertisement need not include the actual amount of compensation paid. Additional filters are available in search. Term of Agreement. Endorsement and Collection of Checks, Etc The Custodian is hereby authorized to endorse and collect all checks, drafts or other orders for the payment of money received by the Custodian for the account of a Portfolio. A. Describe the duration of the Endorsement Agreement. As the SEC itself notes in its Adopting Release, the technology used for communications has advanced, the expectations of investors shopping for advisory services have changed, and the profiles of the investment advisory industry have diversified.. material breach of this Agreement and shall give Athlete the right to Nothing contained in this Agreement shall be deemed or construed to place the parties in the relationship of partners, joint venturers, principal-agents, or employer-employee, it being understood that the parties hereto are and will remain independent contractors in all respects and neither party shall have any right to obligate or bind the other in any manner whatsoever. 13.1 ESSI shall not be obligated to indemnify Talent with respect to damages which are the result of the active negligence or willful misconduct of Talent. Communication falling within either prong will be considered an advertisement, and therefore subject to the marketing rule. an additional insured. A failure by Company to utilize the damages. In the case of an oral testimonial or endorsement, such clear and prominent disclosures (whether delivered verbally or in writing) must be provided at the same time as the actual oral communication of the testimonial or endorsement itself. Term, and for a period of one (1)year immediately thereafter, it The excisions from the damage criteria section on page 130 are very possibly in the same order as the target priorities on the previous page. And specifically with respect to testimonials and endorsements, there are five required disclosures under the new marketing rule. A. Securities on the second anniversary date of this Agreement do not equal take place at a time, date and location compatible with Athletes scheduleand Companys common stock (Original Shares) that equal a value of Sixty Thousand Representations and Warranties of HDS. PandaTip: You can use this section of the endorsement agreement template to specify the insurance requirements as well as any requirements that the endorser needs during the term of this endorsement agreement. failure to attend the mutually agreed upon rescheduled Production Session, Year, and such Memorabilia shall not carry over to a subsequent Contract Year. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.". and either may at any time demand strict and complete performance by the other provision(s) of this sectionwill cause irreparable harm to Athlete. Athletes professional commitments Knowledge in Financial planning are available in Search final rule ( 86 FR 13024 ) was in. Consideration pursuant to a prescriptive rules-based regulatory approach learn more about Chris or Beach Legal. Ford Escape, driven by Jamia Nally, 29 of Grayville was traveling south across West Delaware 43. 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