LICENSING PRE-QUALIFICATION TERMS AND CONDITIONS
NFL Properties LLC (in
the United States) and NFL International LLC (internationally) (together
"NFLP") have developed this website to provide pre-qualification information
and forms for companies interested in having the NFL consider their
unsolicited proposals for the
licensing of NFL trademarks. If your company decides to seek pre-qualification,
it should review the Terms and Conditions described
below, download the information form, and submit the completed form and
required information to NFLP by e-mail. NFLP will review the information you
submit and make a determination as to whether your unsolicited proposal qualifies
for the NFLP licensing program. No decision can be made by NFLP until all of
your pre-qualification information has been received and verified. An overview
of the pre-qualification process is set forth below. You acknowledge that the
materials provided in connection with the unsolicited proposal will be reviewed
and accepted or rejected in NFLP's sole discretion. You understand that neither
acceptance of the unsolicited proposal nor any meetings or discussions
concerning the unsolicited proposal (collectively, the "Discussions") shall
constitute a license or shall be deemed to be a commitment to engage in any
business relationship, contract or future dealing with your company, or limit
NFLP's right to engage in any activity (on its own or with any third party),
whether such activity is similar to anything contemplated during the
Discussions or to conduct similar discussions with third parties.
1.
How
It Works. NFLP serves as the
representative of the National Football League and its member professional
football clubs for the licensing of their trademarks and logos (the "NFL
Marks").The NFL Marks include, among others, the NFL shield, the words SUPER
BOWL and PRO BOWL, the Super Bowl and Pro Bowl logos, and the team names,
nicknames, colors, symbols, emblems, helmet designs and uniform designs.
The pre-qualification process requires that you
submit certain information about your company for review by NFLP. The
pre-qualification process is the first stage of a licensing process that
involves several stages. If the information you submit on your company matches
the criteria for the NFLP licensing program established by NFLP (which criteria
may change from time to time), we will contact you about the possibility of
your company licensing the NFL Marks; however any such license would be the
subject of a separate written agreement between your company and NFLP. Neither
our request for information nor your reply to the request for information
constitutes an offer to contract or a solicitation by NFLP to offer a contract
to your company.
2.
Minimum
Requirements. In order for your
unsolicited proposal to be considered for the NFLP licensing program, your
company MUST:
a.
Have
a minimum of three years of experience in manufacturing and distribution;
b.
Be
a manufacturer, NOT solely a middleman or distributor;
c.
Have
the ability to pay 100% of minimum royalty guarantee upon execution of a
license agreement (typically about $100,000 per year) and be able to generate
sales sufficient to meet the minimum royalty guarantee on a yearly basis;
d.
Maintain
from a licensed and admitted insurance carrier with a rating not less than
A-VII from an A.M. Best rated insurance company a Comprehensive Commercial
General Liability policy in an amount of Six Million Dollars ($6,000,000.00)
per occurrence and Twelve Million Dollars ($12,000,000.00) in the aggregate;
and
e.
Be
in compliance with all federal, state and local laws and, where applicable,
international rules and regulations, including all applicable labor laws.
3.
Information
Required for Pre-Qualification. You will be required to submit the following
pre-qualification information:
a.
A
completed pre-qualification information form, which includes detailed
information about your company and its officers, financial information, and
experience, as well as a detailed business plan and other information about
your proposed use of the NFL Marks;
b.
Two
years of audited financial statements and/or two years of company tax returns;
c.
An
annual report;
d.
Product
catalog or sell sheets; and
e.
A
credit reference from a financial institution.
4.
Prohibited
Content. Your
pre-qualification information should NOT include any confidential or proprietary creative ideas or products.
If it does, NFLP's review of your pre-qualification materials will terminate
immediately, and your company will be disqualified from participation in the
NFLP licensing program. Accordingly, when you send us information about your
company, do NOT include confidential or proprietary information,
such as product concepts, designs, ideas, original artwork, or other original
creative materials or suggestions. This is necessary to prevent possible future
misunderstandings when products developed by our own employees or licensees
might seem to others to be similar to their own creative work. You acknowledge
and agree that NFLP at all times has many products and projects in various
stages of development, and that the results of these endeavors may be similar
or identical to your own products or projects.
You further acknowledge that no confidential relationship is established
by the submission of your pre-qualification information to NFLP. You understand
that it is entirely up to you what information or material you disclose to
NFLP, and you agree that NFLP shall have the right to assume that any
information or material presented in connection with the pre-qualification
information (whether or not in writing) is not subject to any confidentiality
or other restriction.
If you ignore the NFLP's policy and submit any creative suggestions, ideas,
notes, drawings, concepts, designs or other information (collectively
"Unsolicited Submissions"), you hereby assign to NFLP all rights of
every nature and description, in perpetuity, throughout the world, in such
Unsolicited Submissions. The Unsolicited Submissions shall be deemed, and shall
remain, the sole property of NFLP. None of the Unsolicited Submissions shall be
subject to any obligation of confidence on NFLP's part and NFLP shall not be
liable for any use or disclosure of any Unsolicited Submissions. Without
limitation of the foregoing, NFLP shall exclusively own all now-known and
hereafter existing rights to the Unsolicited Submissions for any purpose
whatsoever, commercial or otherwise, without compensation of any kind to the
provider of the Unsolicited Submissions.
5.
Submission
of Information. It is important that
you follow the procedures outlined above. Once the pre-qualification
form is completed, please mail it and all other requested information
to NFLP New Products Department, 345 Park Avenue, New York, NY 10154. Please note that we do not accept
any fax or email submissions. If the information you submit on your company matches the criteria
for the NFLP licensing program established by NFLP, you will hear from NFLP
within 90 days. Please do not contact us as to the status of the review of your
pre-qualification information. If you do not hear from us within 90 days,
please be advised that your company has not met the criteria for the NFLP
licensing program established by NFLP.
6.
Risk
of E-mail Communications. You acknowledge and agree that e-mail is inherently not a secure
method of communication, that third parties may access information sent by you
to the NFLP by e-mail, that NFLP makes no representations about the security of
information sent by you to NFLP, and that NFLP will not be liable for any
disclosure to or subsequent use by third parties of confidential or other information
sent by you to NFLP.
7.
Limitations
and Restrictions. All information in
the online pre-qualification form must be filled in as directed. You understand
that a failure to comply with this requirement is grounds for disqualification.
Nothing contained in these Terms and Conditions is intended to limit NFLP's
sole and complete discretion to accept or reject any licensing proposal. Providing
the information requested by NFLP in no way implies or guarantees that your
company will be granted any rights to use or otherwise license any NFL Marks.
Agreement to Terms and
Conditions
In order to participate
in NFLP's pre-qualification program, you must accept the Terms and Conditions
described above. We suggest that you print out a copy of these Terms and
Conditions and keep them for your records. By clicking on the "I Agree" button
below, you confirm that you have read the Terms and Conditions above and agree
to such Terms and Conditions on behalf of the company submitting the
information.
If you meet the above criteria
and agree with the Terms and Conditions and are interested in the
pre-qualification process, please click the "I AGREE" button to download our
pre-qualification form.