The Exclusive Sponsorship Agreement is a vital commercial contract used when establishing significant sponsorship relationships in Hong Kong. It is particularly relevant when a sponsor seeks to secure exclusive rights within a specific category or territory, protecting their investment and market position. The document addresses key aspects required under Hong Kong law, including competition law compliance, intellectual property protection, and advertising regulations. The agreement typically covers financial terms, exclusivity provisions, activation rights, brand usage, and termination conditions. It is commonly used in sports sponsorships, entertainment events, cultural programs, and other commercial partnerships where exclusive rights are crucial for the sponsor's marketing objectives. The document should be tailored to reflect specific industry requirements and the unique aspects of the sponsorship relationship while ensuring compliance with Hong Kong's legal framework.
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1. Parties: Identification of the sponsor and the rights holder/sponsored entity
2. Background: Context of the sponsorship arrangement and general objectives
3. Definitions: Key terms used throughout the agreement including Sponsored Properties, Territory, Term, etc.
4. Grant of Rights: Detailed description of exclusive sponsorship rights being granted
5. Term and Renewal: Duration of the agreement and any renewal provisions
6. Exclusivity Provisions: Specific terms of exclusivity including category exclusivity and territorial restrictions
7. Sponsorship Fees and Payment Terms: Financial considerations including payment schedule and method
8. Obligations of Sponsor: Sponsor's commitments including payment, provision of materials, and approval requirements
9. Obligations of Rights Holder: Rights holder's commitments including delivery of sponsorship benefits and maintaining exclusivity
10. Intellectual Property Rights: Usage rights, restrictions, and protection of both parties' IP
11. Approval Process: Procedures for approving use of marks, promotional materials, and communications
12. Representations and Warranties: Standard and specific warranties from both parties
13. Termination: Grounds for termination, process, and consequences
14. Force Majeure: Provisions for unforeseen circumstances preventing performance
15. Confidentiality: Protection of confidential information exchanged during the relationship
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Event-Specific Requirements: Include when sponsorship involves specific events, detailing event-related obligations and requirements
2. Digital Rights: Include when sponsorship involves significant digital/social media components
3. Broadcast Rights: Include when sponsorship involves television or streaming rights
4. Merchandising Rights: Include when sponsorship includes right to produce and sell branded merchandise
5. Athlete/Personality Rights: Include when sponsorship involves individual athletes or personalities
6. Minimum Performance Requirements: Include when rights holder must meet specific performance metrics
7. Anti-Ambush Marketing: Include when there's significant risk of ambush marketing
8. Morality Clause: Include when reputation management is particularly important
9. Insurance Requirements: Include when specific insurance coverage is required for sponsored activities
1. Schedule 1 - Sponsorship Benefits: Detailed list of all sponsorship rights and benefits
2. Schedule 2 - Brand Guidelines: Specifications for use of sponsor's marks and branding requirements
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment amounts and dates
4. Schedule 4 - Approval Procedures: Detailed procedures and timeframes for approvals
5. Schedule 5 - Sponsored Properties: Detailed description of properties covered by sponsorship
6. Schedule 6 - Category Definition: Detailed definition of sponsor's exclusive category
7. Appendix A - Sponsor's Marks: Visual representations of sponsor's marks and logos
8. Appendix B - Rights Holder's Marks: Visual representations of rights holder's marks and logos
Relevant legal definitions
Clauses
Relevant Industries
Sports & Recreation
Entertainment & Media
Arts & Culture
Education
Broadcasting
Consumer Goods
Financial Services
Technology
Telecommunications
Automotive
Beverages
Fashion & Apparel
Professional Services
Gaming & eSports
Relevant Teams
Legal
Marketing
Commercial
Brand Management
Business Development
Sponsorship
Events
Compliance
Finance
Corporate Communications
Relevant Roles
Chief Marketing Officer
Sponsorship Manager
Legal Counsel
Commercial Director
Brand Manager
Partnership Director
Events Manager
Sports Marketing Manager
Rights Manager
Licensing Manager
Business Development Director
Marketing Director
Compliance Officer
Contract Manager
Chief Commercial Officer
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