Kentucky National Champions

2015 Men’s College Basketball National
Champions Licensing Program Guidelines
Fermata Partners
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Thank you for your interest in obtaining a special license for the right to produce 2015 Men’s
Basketball National Champions merchandise for the University of Kentucky. If approved by the
University, this license will allow your company to manufacture and sell UK National
Champions products in the event the University’s men’s basketball team wins the 2015 NCAA
Basketball National Championship. The program will be managed by the University in
conjunction with its licensing agency, Fermata Partners.
The framework of this program is mildly complex given the confluence of multiple brands (UK
and the NCAA), a truncated production window and marketplace excitement. We pledge to
keep the process as streamlined and transparent as possible. If you have specific questions
along the way, please feel free to reach out to either of the following individuals.
Jana Franz
Primary Fermata Contact
[email protected]
404.537.5931
Heath Price
Primary Fermata Contact
[email protected]
404.537.5930
Please note: The UK National Champions (UKNC) license is only a grant of rights to produce
merchandise in the event of the Kentucky Wildcats winning the 2015 NCAA Men’s Basketball
Championship. This license in no way permits licensees to produce NCAA products for games
during the NCAA Men’s Basketball Tournament. Licensing rights for the Tournament itself are
controlled by the NCAA and not by the University or Fermata.
Introduction
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LET’S GET
STARTED...
There are two groups of UK National Champions (UKNC) licensees:
Existing NCAA Licensees - NCAA licensees have entered into a broad
license agreement with the NCAA via CLC that grants rights to the NCAA
Tournament, the Sweet Sixteen, the Final Four, the National Championship
game and the eventual National Champions program.
Current UK Licensees that are Not NCAA Licensees - Any existing UK
licensee may apply for a UK National Champions license subject to the
terms and conditions outlined in this document.
UK National Champions licenses are only available for these two groups at this
point in time. If your company does not meet this criteria and offers a unique
commemorative product, you will be required to make a compelling case for
approval in your application for these rights.
Go HERE to begin the process of applying for a UK National Champions license.
Getting Started | 3
LICENSEE GUIDELINES
Existing NCAA Licensees
• NCAA Licensees have entered into a broad license agreement with the NCAA via CLC. This agreement includes placeholder rights
for UK’s National Champions licensing program.
• In order to activate these same category and channel rights for UK specifically, NCAA licensees will be required to sign an
amendment and/or full agreement with Fermata on behalf of UK for its National Champions licensing program.
• NCAA Licensees are required to pay a UK royalty rate of 15% payable to Fermata on behalf of the University in accordance with the
terms of the UK license agreement. If relevant, UK’s minimum royalty per unit requirements will be detailed in the agreement or
amendment.
• NCAA Licensees are required to pay an NCAA royalty rate of 5% payable to CLC on behalf of the NCAA in accordance with the
terms of the NCAA license agreement. Any existing NCAA advance fees may be used to offset the royalties due from the 5% owed
to the NCAA (but cannot be applied to the portion of the royalties that are due to UK).
• NCAA Licensees are required to submit all UK National Champions designs via Fermata’s CAMPUS system for review and approval
by UK. UK must approve a design before a licensee can move into production. NCAA Licensees will also need to submit all designs
through CLC for approval by the NCAA.
Licensee Guidelines
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LICENSEE GUIDELINES
Kentucky Licensees that are NOT NCAA Licensees
• UK licensees wishing to apply for an UKNC license will be required to
complete this application for the University’s review. In order to accelerate
the approval process, licensees are encouraged to only apply for National
Champions rights for those products and sales channels for which they are
currently approved by the University as detailed in their Retail License
Agreement with Fermata. Note: UK reserves the right to disapprove an
application regardless of a licensee’s existing category rights with the
University.
• If the University approves the National Champions application, licensees will
be issued a National Champions amendment to their Fermata Partners
Consumer Product Retail License Agreement. This amendment must be fully
executed before a licensee may begin to submit designs for the University’s
review and approval.
• All UK National Champions designs must be submitted through Fermata’s
CAMPUS system for approval. UKNC Licensees will also need to submit all
designs through CLC for approval by the NCAA.
• UKNC licensees are required to pay a UK royalty rate of 15% payable to
Fermata on behalf of the University in accordance with the terms of the UKNC
amendment. If relevant, UK’s minimum royalty per unit requirements will be
detailed in the amendment.
• UKNC licensees will also be required to pay an additional royalty rate of 5%
payable to CLC on behalf of the NCAA. This incremental requirement of the
National Champions program is managed by CLC on behalf of the NCAA.
Please contact CLC’s Kelsey Ledford ([email protected]) or Natalie Rowe
([email protected]) to learn more including the process for executing an
agreement with CLC to capture the additional 5% royalty rate.
Licensee Guidelines
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FINANCIAL SUMMARY
15% National Champions Royalty Rate due to Fermata on behalf of the University of Kentucky
+5% NCAA Royalty Rate due to CLC on behalf of the NCAA
20% Total Royalty for the Program (Kentucky Rate + NCAA Rate)
$4,000
Advance for UK National Champions License for Apparel (Does not apply to NCAA Licensees). This advance
can only be applied against UK’s 15% National Champions Royalty Rate.
$1,000
Advance for UK National Champions License for Hard Goods (Does not apply to NCAA Licensees). This
advance can only be applied against UK’s 15% National Champions Royalty Rate.
$500
Advance for non-NCAA license for Apparel due to CLC. This advance can only be applied against the
NCAA’s 5% Royalty Rate. Contact CLC for payment information.
$200
Advance for non-NCAA license for Hard Goods due to CLC. This advance can only be applied against the
NCAA’s 5% Royalty Rate. Contact CLC for payment information.
All advance fee payments must be received by Fermata before your application will be considered by UK. Checks will not be deposited until the
National Championship Game is completed and will be returned or destroyed within two weeks if UK does not win.
UK National Champions royalty reports will be due on the 20th of the month following the Royalty Period (Monthly or Quarterly) as referenced on
Schedule A of your agreement with Fermata.
Financial Summary | 6
PRODUCT DESIGN GUIDELINES
• If Kentucky wins the NCAA Men’s Basketball National Championship, it will be the 9th NCAA title for the Men’s Basketball
team, with prior titles coming in 1948, 1949, 1951, 1958, 1978, 1996, 1998, and 2012.
• The winner of the April 6, 2015 Men’s Basketball National Championship Game will be considered the 2015 NCAA Men’s
Basketball National Champion. Therefore, all designs should reference 2015 NCAA National Champions with a basketball
reference.
• Existing NCAA Licensees ARE PERMITTED to use specific references to the NCAA Basketball Tournament in any national
champions designs including, but not limited to: NCAA Tournament logo or bracket, Sweet 16, Final Four, generic trophy
images, NCAA logo, opposing team logo, game score, references to Indianapolis and/or April 4/6, 2015, and Lucas Oil
Stadium (verbiage only). Licensees will also need to submit all designs through CLC for approval by the NCAA.
• UKNC Licensees (that are not NCAA Licensees) are required to use NCAA (in a plain font) on submitted UKNC designs.
Approved UKNC licensees ARE PERMITTED to include the following terms in their designs: Score of the game, logo of
opposing team (with artwork receiving approval of opposing team), and the following verbiage: Champions, National
Champions, College Basketball National Champions, College Basketball Champions, National Champs, and/or Champs.
Licensees will also need to submit all designs through CLC for approval by the NCAA.
• All licensees approved to produce UKNC product should use their current inventory of Fermata’s Genuine College Product
label on National Champions merchandise.
• If UK wins the Men’s Basketball National Championship and finishes the season 40-0, all UKNC licensees will be allowed to
submit designs referencing a 40-0 undefeated season. These designs will be considered National Champions designs and will
be held to the same standards as detailed on the prior pages of this document. These designs will be reviewed by UK prior to
the end of the season with the understanding that they will only be produced by UKNC licensees if UK’s men’s basketball
record is indeed 40-0 as of April 7, 2015.
• Licensees must sign the UK National Champions amendment before being eligible to submit National Champions designs for
approval.
• Licensees may begin to submit UK National Champions designs once the UKNC Amendment is signed through Fermata’s
online CAMPUS system.
• If requested by the University, Licensees will be required to provide the University with two finished samples within 30 days
after the National Championship.
Product Design Guidelines | 7