《TRADEMARKLICENSINGAGREEMENT》由会员分享，可在线阅读，更多相关《TRADEMARKLICENSINGAGREEMENT（6页珍藏版）》请在金锄头文库上搜索。
1、TRADEMARK LICENSING AGREEMENT甲方：乙方：签订日期：年月日Agreement madethis day of , between(hereinaftercalled Licensor), and (hereinafter called Licensee):WITNESSETHWhereas Licensor owns certain valuable registered trademarks and service marks, and owns and has merchandising rights to various other Licensor prop
2、erties as defined in paragraph 1 of the Rider attached hereto and hereby made a part hereof (hereinafter called Name), said Namehaving been used over the facilities of numerous stations in radio and/or television broadcasting in allied fields, and in promotional and advertising material in different
3、 businesses and being well Known and recognized by the general publicand associated in the public mindwith Licensor, and WhereasLicensee desires to utilize the Name upon and in connection with the manufacture, sale and distribution of articles hereinafter described,Now, Therefore, in consideration o
4、f the mutual promises herein contained, it is here by agreed:1. Grant of License(a) ArticlesUpon the terms and conditions hereinafter set forth, Licensor hereby grants to Licensee as a related company, and Licensee hereby accepts the right, license and privilege of utilizing the Name solely and only
5、 upon and in connection with the manufacture, sale and distribution of the following articles.(insert description)(b) TerritoryThe license hereby granted extends only to . Licensee agreesthat it will not make, or authorize, any use, direct or indirect, of the Name in any other area, and that it will
6、 not knowingly sell articles covered by this agreement to persons who intend or are likely to resell them in any other area.(c) TermThe term of the license hereby granted shall be effective on the day of and shall continue until the day of , unless sooner terminated in accordance with the provisions
7、 hereof. The term of this license may be automatically renewed from year to year upon all the terms and conditions contained herein, with the final renewal to expire on December 31st, .At the end of each term, beginning with December 31st, , this licenseshall be automatically renewed for a one year
8、term expiring December 31st of the following year, unless either party hereto shall be given written notice to the contrary at least thirty (30) days prior to the expiration date.2. Terms of Payment(a) RateLicensee agrees to pay to Licensor as royalty a sum equal to percentof all net sales by Licens
9、ee or any of its affiliated,associated or subsidiary companies of the articles covered by this agreement. The term net sales shall mean gross sales less quantity discounts and returns, but no deduction shall be made for cash or other discounts or uncollectible accounts. No costs incurred in the manu
10、facture,sale, distribution or exploitation of the articles shall be deducted from any royalty payable by Licensee. Licensee agrees that in the event it should pay any other Licensor a higher royalty or licensing rate or commission than that provided herein for the use of the Name, than said higher r
11、ate shall automatically and immediately apply to this contract.(b) Minimum RoyaltiesLicensee agrees to pay to Licensor a minimum royalty ofDollars($) as a minimum guarantee against royalties to be paid to Licensor during the first contract term, said minimum royalty to be paid on or before the last
12、daydollars ($ )of the initial term hereof. The advance sum ofNo part of suchpaid on the signing hereof shall be applied against such guarantee.minimum royalty shall in any event be repayable to Licensee.(c) Periodic StatementsWithin days after the initial shipment of the articles covered by thisagre
13、ement, and promptly on the of each calendar thereafter, Licensee shall furnish to Licensor complete and accurate statementscertified to be accurate by Licensee showing the number, description and gross sales price, itemized deductions from gross sales price and net sales price of the articles covere
14、d by thisagreement distributed and/or sold by Licensee during the precedingcalendar , together with any returns made during the preceding calendar For this purpose, Licensee shall use the statementform attached hereto, copies of which form may be obtained by Licensee fromLicensor. Such statements sh
15、all be furnishedto Licensor whether or not any of thearticles have been sold during the preceding calendar.(d) Royalty paymentsRoyalties in excess of the aforementioned minimum royalty shall be due on the day of the following the calendar in whichearned, and payment shall accompany the statements fu
16、rnished as required above. The receipt or acceptance by Licensor of any of the statements furnished pursuant to this agreement or of any royalties paid hereunder (or the cashing of any royalty checks paid hereunder) shall not preclude Licensor from questioning the correctness thereof at any time, and in the event that any inconsistencies or mistakes are discov
