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Endorsement Agreement

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Date:
2004
Size:
21K
ID:
#1636333

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ENDORSEMENT AGREEMENT --------------------- THIS AGREEMENT, made and entered into as of this 26th of April 2004, by and between World Golf League Inc., and Fred Funk, c/o Axcess Sports & Entertainment, LLC, One Independent Drive, Suite 2602, Jacksonville, FL 32202: WITNESSETH: ----------- WHEREAS, Player (Fred Funk) is recognized as a highly skilled professional golfer. WHEREAS, Company (World Golf League, Inc.) desires to obtain the rights to use the name, fame, image and athletic renown of Player in connection with the advertisement and promotion of its products as provided herein. NOW, THEREFORE, the parties agree as follows: 1. Definitions. As used herein, the following terms shall be defined as set ----------- forth below: (a) "Contract Period" shall mean that period of time commencing on April 26th, 2004 and concluding April 26th 2004, unless terminated sooner as provided herein. (b) "Services" shall mean use of Player in television advertising and/or commercial-tie-ins with Company products/services (c) "Player Identification" means the right to use, subject to the provisions hereof, Player's name, fame, nickname, initials, autograph, voice, video or film portrayals, facsimile signature, photograph, likeness and image or facsimile image, and any other means of endorsement by Player used in connection with the advertisement and promotion of Company's Services. (d) "Contract Territory" shall mean Worldwide. 2. Grant of Rights. In consideration of the remuneration to be paid to ----------------- Player pursuant hereto, Player grants to Company the right and license during the Contract Period to use the Player Identification solely in connection with the advertisement and promotion of Company's Services within the Contract Territory solely in connection with the advertisement and promotion of Services. It is understood that Company may not use the Player Identification in connection with any items for sale or resale, other than Company Services as specified herein. The foregoing rights to use the Player Identification is limited to television, radio and print advertising, advertising published over the Internet (provided such material is limited to advertising only), public relations materials, point-of-sale displays, free standing inserts, direct mail and billboards. Company shall ensure that all uses of Player Identification comply with applicable law. 3. Prior Approval. Company agrees that neither use of the Player ---------------- Identification nor any item used in connection with the Player Identification will be made hereunder unless and until the same has been approved by player. Player agrees that any material, advertising or otherwise, submitted for approval as provided herein may be deemed by Company to have been approved hereunder if the same is not disapproved in writing within ten (1) business days after receipt thereof. Player agrees that any material submitted hereunder will not be unreasonably disapproved and, if it is disapproved, that Company will be advised of the specific grounds therefore. If Company desires immediate approval of advertising material hereunder, Company shall have the right to directly contact Player's authorized agent to obtain such approval. Company agrees to protect, indemnify and save harmless Player and his authorized agent, or any of them, from and against any and all expenses, damages, claims, suits, actions, judgments and costs whatsoever, arising out of, or in any way connected with, any advertising material furnished by, or on behalf of, Company. 4. Services of Player. (a) If Company desires to utilize the services -------------------
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