270 Legal [Sample Agreements]

NAME AND LIKENESS LICENSE AGREEMENT

This Name and Likeness License Agreement (this “Agreement”) is entered into as of September 22, 2006, by and between Leslie Blodgett (“Licensor”) and Bare Escentuals, Inc., a Delaware corporation (the “Company”).

WHEREAS, Licensor is the exclusive owner of all right, title and interest in and to (i) her image, signature, voice and likeness and goodwill appurtenant thereto, (ii) certain rights of publicity in and to her full and formal name, nickname or alias (her “Name”), image, likeness, voice, signature now used or hereafter to be used, photograph and other elements or attributes of her persona, identity, or personality, (iii) all rights in and to her Name, and (iv) all common law and statutory rights in the foregoing (collectively, the “Property”);

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2. Use of the Property.

(a) Subject to the terms and conditions of this Agreement and to the license rights to the Property previously granted by Licensor and listed on Exhibit A hereto, Licensor hereby licenses to the Company the exclusive right to use, and to authorize others to use, pursuant to the terms hereof, any of the Property throughout the Territory by any means, methods and technologies now known or hereafter to become known, whether relating to the Property itself or in connection with the creation, development, production, manufacturing, packaging, promotion, distribution and sale of any products and services of the Company (such products and services are referred to herein as the “Licensed Products” and the “Licensed Services”) during the term of this Agreement. During the term of any license pursuant to this Agreement, the Company shall use commercially reasonable efforts to preserve the historical goodwill of the Property, the Licensed Products and the Licensed Services. All use of the Property and Licensed Services shall inure solely to the benefit of Licensor. The use of the Property by the Company or any sublicensee thereof shall be of a quality at least substantially consistent with the Historical Standard (as defined below), provided that any use of the Property by the Company while Licensor is an officer of the Company having a general management role shall be conclusively presumed to meet the Historical Standard. The “Historical Standard,” as of any date, shall mean the quality, style and image of the Licensed Products or Licensed Services as the Property has been used by the Company after January 1, 2006 and before the date that Licensor ceases to be an officer of the Company having a general management role such period since January 1, 2006 being referred to as the “Historical Period”). …
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Click here for the complete Name and Likeness License Agreement

Bonus: Who is Leslie Blodgett? Read this article to find out: Building a ‘Bare’ Empire