Basketball Operations Manual - Basketball New Zealand

into by NBLL or BBNZ without the prior written approval of the Board and the affected
National Basketball League sponsor.
13.5 Where a Franchisee has advised NBLL of sponsors or potential sponsors for the Team
for the following League Playing Season, NBLL and BBNZ shall, as a first preference, use
reasonable endeavours to ensure that any sponsorship funding arrangement entered into
for the relevant League Playing Season by NBLL and/or BBNZ shall accommodate, to the
extent possible to be negotiated a carve-out in respect of the committed sponsorship
arrangements already entered into by the Franchisee in relation to its Team. If after 31
October this carve-out is not available, then as a second preference, Franchisees will relinquish
such sponsorship, in order for the League to attract a national or major sponsor.
13.6 The Board shall determine whether there is any conflict between the sponsorship arrangements
of a Franchisee and of NBLL.
14 Intellectual Property
14.1 The Parties agree and acknowledge BBNZ owns all intellectual property, merchandising
rights, trademarks and transmission and broadcasting rights relating to the National
Basketball League, including without limitation National Basketball League naming
rights, sponsorship opportunities in relation to the finals series games, referees, award
dinner, teams uniform supplier, equipment endorsements, travel and accommodation,
pre-season tournament and on-court signage. BBNZ has licensed NBLL to use that intellectual
property for the purpose of operating and managing the National Basketball
League. The Franchisee shall have no right to use or exploit such intellectual property
except for the requirement to use:
(a) the name and logo of “the National Basketball League; and
(b) the names and logos of National Basketball League sponsors; on all the Team’s
publicity and promotional materials.
14.2 Each Franchisee grants to NBLL and to BBNZ, and to sponsors and funders of the National
Basketball League, and to each of the other Franchisees, the non-exclusive right
to use the Team name and any logo; mark or record of the Team and of players and
officials associated with the Team for the purpose of promoting or reporting on the
National Basketball League, the Franchisee’s participation in the National Basketball
League, and the promotion of a National Basketball League sponsor or funder.
14.3 Each Franchisee grants to NBLL and to BBNZ, and to sponsors and funders of the National
Basketball League, and to each of the other Franchisees, the non-exclusive right
to use the photographic and videographic images of all players who play for that Franchise
during the term of this agreement.
14.4 A Franchisee and/or the Team shall not enter into or maintain any transmission or
broadcast agreement relating to matches played by it in National Basketball League
competition matches without the prior written approval of the NBLL and acknowledges
that before giving any consent the Board must first seek the approval of BBNZ;
14.5 Each Franchisee will abide by, and fulfill when required of it, the conditions of transmission
agreements entered into by NBLL or BBNZ in respect of National Basketball
League matches.
15 Right of First Refusal
15.1 The Franchisee must not assign, sell, sub-franchise, lease, mortgage, encumber or declare
itself trustee of any rights conferred under this agreement. NBLL may agree at the
36 2007 NBL Operations and Rules Manual