▲蘇狀師談娛樂法(藝人代言契約實務–藝人代言契約應注意事項)

蘇思鴻 律師
發表時間:2020/09/11 10:46 32 次瀏覽

Rights & Licenses
權利及授權

[Sender.Name] is requesting the exclusive right and license to utilize this name in connection with the advertisement, promotion, and sale of their product. This contract is an agreement for those rights and services with the following terms being in place.
被授權者(下稱甲)要求專屬權及被授權利用權利者(下稱乙)之姓名於廣告行銷與銷售產品。本契約係依根據下列條款所為係爭權利與服務之協議。

  • [Endorser.Name] will provide rights for [Sender.Company] to hold all exclusive rights and licenses needed during the term of [Agreement.Term]. including the ability for use of any nicknames, initials, autographs, photographs, or any other property in relation to the advertisement or sale of mentioned product.
    在契約期間,乙將專屬授權與甲,包括有權去利用任何乙之別名、藝名、簽名,照片或其他任何與廣告行銷有關之財產或本契約提及之銷售產品。

Endorsement Agreement Effective Date
代言契約生效日

This agreement shall become effective as of signature dates below and will remain effective for a term of 12 months unless prematurely terminated for failure to comply with any of the terms or conditions listed in this agreement.
本契約於下簽名日時生效,並於簽名生效後12個月為契約期間,除非契約任一方有違約情事,於預先終止本契約,否則契約仍有效存續。

Payment of Royalties
給付權利金

[Sender.Company] agrees to pay all royalties due from sales of such products as agreed between parties.Any and all royalties owed will be due on a yearly basis and shall be payable no later than thirty (30) days after the termination of the preceding full calendar quarter.
甲願給付雙方同意銷售產品所得所有之權利金。如何拖欠及所有之權利金應以年度為基準來給付。

For each royalty period due [Sender.Comany] will provide endorser with written notice of all royalties as well as any and all descriptions of Products that were sold during the Royalty Period or whether any actual Royalty was owed.

“Net Sales” shall mean [Sender.Company] gross sales of Product, excluding all customary discounts and allowances as well as returns.
The receipt or acceptance by [Endorser.LegalName] for above mentioned statement or payment shall not prevent Endorser from challenging or requesting proof of such document findings.

Any and all obligations for the payment of Royalties shall survive expiration or termination of this Agreement and will continue for as long as Endorsed Constructor continues to sell the Product or payment is owed.

In the event of underpayment to endorser for any and all royalties, endorser will bill for all royalties as well as interest fees in relation for said royalties.
 

違法利用,本人必究。

蘇思鴻 律師 superhung

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