1. Parties

This Merchandising Agreement (the “Agreement”)

by and between [Musical Artist/Band Name as indicated below] (referred to as the “Artist”) and BAM Club (referred to as the “Company”), collectively referred to as the “Parties.”

 

2. Grant of Rights

2.1 The Artist grants the Company the right to use the Artist’s name, logo, likeness, and any other designated elements (collectively referred to as the “Materials”) for the purpose of creating, manufacturing, marketing, and selling merchandise.

 

3. Product Design and Approval

3.1 The Company shall submit product designs and concepts to the Artist for approval. The Artist shall provide written approval or feedback within a reasonable time period.

3.2 The Company shall not proceed with the production or distribution of any merchandise without the Artist’s prior written approval, except for merchandise that has been previously approved.

 

4. Payment Terms and Royalties

4.1 The Company agrees to pay the Artist a royalty based on the net sales of the merchandise as specified in the rates table below.

4.3 The Company shall provide the Artist with regular accounting statements and make royalty payments each month or upon request.

 

5. Ownership and Intellectual Property

5.1 The Artist shall retain ownership of all intellectual property rights in the Materials and any pre-existing trademarks or copyrights or graphics.

5.2 The Company acknowledges that the rights granted under this Agreement do not confer any ownership rights or licenses in the Artist’s intellectual property.

 

6. Marketing and Promotion

6.1 The Company agrees to use its best efforts to market and promote the merchandise in a manner consistent with the Artist’s brand and image.

6.2 The Company may use the Artist’s Materials for promotional purposes related to the merchandise.

 

7. Term and Termination

7.1 This Agreement shall commence on the Effective Date and continue unless terminated by either party.

 

8. Entire Agreement

8.1 This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.