Agency Law
The agent reasonably believes that their actions are within the scope of authority given by the principal
Actual Authority
Offer, Acceptance, Consideration
Part of contract in which establishes what is considered a breach and where there is a cure period
Default/Breach Clause
Any word, name, symbol, or device that an organization uses to identify its services from the services of other organizations
Trademark
Agent that works for the principal and a third part
Double-Dealing
Agent must act for the benefit of the principal, it is their ______ duty.
Fiduciary
Agreement between facility owner and team or sport organization
Gives the sponsor the right to match the terms of any deal that the sports organization is able to negotiation with a competitor of the sponsor
Rights of First Refusal
Suggestive mark
Law that protects ideas or other items that can be identited on tape, on paper, or on screen
Copyright Law
Law that prohibits agents from making false or misleading promises or providing gifts/cash to student athletes
Sports Agent Responsibility and Trust Act (SPARTA)
Consequential Damages
Dictates that the sponsor is the only company within its product or service category that has a relationship with the organization or event
Exclusivity
A famous mark is used in association with unwholesome or shady goods and services
Tarnishment
Jell-O is an example of which type of trademark?
A generic mark
Legal doctrine that holds people and organizations high in the chain (principals) of command liable for the negligent acts of those lower in the chain of command (agents)
Respondent Superior
Even with an offer, acceptance, and consideration will be a contract only if it covers something legal refers to what term
Legality
Contractual provision that gives the sponsor the right to terminate the agreement in the event the endorser engages in conduct that may negatively impact the sponsors image, goodwill, and reputation.
Moral Clause
Action whereby someone other than the patent hold (without permission) makes, uses, sells, offers to sell, or imports patented material
Patent Infringement
Term that refers to those who are mentally incompetent and minors that can't enter into a valid contract
Capacity
Who all is liable in a contract when apparent authority does not exists?
A promise that a condition of an assertion of fact is true, supported by an implied promise of indemnity if the condition asserted is false
Warranty
Which part of the clause do sponsors typically want more broad scope and the team/licensee will typically want a narrow scope
Products and Service
2 defenses fro a claim of trademark infringment
Fair use and noncommercial use
Law that provides the uniformity in registration and certification of athletes' agents among the states
Uniform Athlete Agent Act (UAAA)