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:
WHEREAS, Player (Fred Funk) is recognized as a highly skilled professional
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
(a) "Contract Period" shall mean that period of time commencing on April 26th,
2004 and concluding April 26th 2004, unless terminated sooner as provided
(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