AGENTS' GUIDE TO TEPP, ENGLAND PLAYER CONTRACTS ...
Transcript of AGENTS' GUIDE TO TEPP, ENGLAND PLAYER CONTRACTS ...
AGENTS’ GUIDE TO TEPP, ENGLAND PLAYER CONTRACTS, CRICKET GOVERNANCE AND OTHER IMPORTANT MATTERS.
1. OVERVIEW 1.1 Introduction 1.2 ECB 1.3 PCA 1.4 TEPP
2. CONTRACTUAL REPRESENTATION 2.1 Overview 2.2 Contracts 2.3 Insurances 2.4 Pension 2.5 Family Provision 2.6 Regulations 2.7 Unauthorised Cricket 3. FINANCIAL MANAGEMENT 3.1 Pay and benefit package 3.2 Prize money and win bonuses 3.3 Administration and accounts 4. COMMERCIAL MANAGEMENT 4.1 ECB Commercial Partners 4.2 Appearance/Image Use Overview 4.3 ECB Central Contract Player Obligations 5. INDIVIDUAL PLAYER COMMERCIAL ARRANGEMENTS 5.1 Background 5.2 Definitions 5.3 Player commercial obligations as a member of the England team 5.4 Individual player commercial agreements
5.4.1 Overview 5.4.2 Conflicts with exclusive England commercial partners 5.4.3 Conflicts with series exclusive England commercial partners 5.4.4 Conflicts with non-exclusive England commercial partners 5.4.5 Individual player commercial agreements with cricket kit and clothing
manufacturers 5.4.6 Back of Bat sponsorship 5.4.7 Licensed Items 5.4.8 Memorabilia 5.4.9 Diary Content / Media Columns
5.5 Carve-out clauses 5.6 Individual commercial partners: player appearance and image use guidelines 5.7 Approval process for individual commercial agreements 5.8 ICC events and ICC commercial partners 6. PLAYER INVOLVEMENT IN BETTING COMPANIES 7. FICA Appendix 1 Individual Player Personal Sponsorship Agreement – Approval Form
Appendix 2 Conflicting companies to England team exclusive sponsors
1. OVERVIEW 1.1 Introduction The information contained in the many documents available on the Registered Agents page of the PCA and ECB websites is there to provide players’ agents and prospective agents with the foundation knowledge necessary and desirable to act within the laws, rules, regulations and good practice of professional cricket in England and Wales. This introductory guide is strongly focused on understanding the systems and services that exist for England Players. Most County players have limited sources of income and are usually heavily reliant on their employment contract salary and a few small commercial deals around kit and cricket related sponsors. Consequently, the greater importance to the game and greater earning potential of England players justifies the emphasis on matters affecting them. It is when a player is about to play for England, is playing for England or has played for England that his agent most needs to work with the PCA and ECB in the management of that player’s commercial affairs and time. We hope the comprehensive nature of what we’ve set out here will be a constant reference to you and we urge you to interact with us on the content of it. If there are things we’ve obviously not covered and you think ought to be included, please email Ian Smith of the PCA on [email protected] or Amanda Hill of the ECB on [email protected]. Additional information is always available on the websites of the ECB and PCA: www.ecb.co.uk www.thepca.co.uk It is well worth a thorough examination of the PCA website to understand what benefits and services are available to first class professional cricketers in England and Wales. At the very least and only for experienced agents, we recommend a thorough reading of the new Regulations so that you understand the new system and mechanisms for registration along with the respective rights of you, the ECB and the players. Key PCA Contacts Angus Porter – PCA Chief Executive [email protected] 07584 262083 Ian Smith – FICA Chief Operating Officer [email protected] 07798 698 201 Johnny Grave – PCA Commercial Director [email protected] 07768 558038 Emma Barnes – PCA Head of Team England Commercial Partnerships [email protected] 07799 472236
1.2 ECB The ECB is the governing body for all cricket in England and Wales. ECB provides support for the game far beyond the boundaries of just international and first class cricket. 1.3 PCA The PCA is the guardian of the commercial rights of all its members. All players registered for one of the 18 First Class Counties is automatically a member of the PCA unless he opts out of membership – no-one has opted out in more than a decade. PCA Mission Statement: “To promote and protect the interests of the members by endeavouring to come to amicable agreements with all lawfully constituted cricket authorities, primarily the England & Wales Cricket Board, with a view to the abolition of all restrictions which affect the social and financial position of members at all times” PCA Objectives:
To act as the collective and representative voice of the first class cricketers in England and Wales
To safeguard the rights of both present and past first class cricketers
To provide and improve the welfare of its members in key areas: o cricket o personal development o insurance o legal o financial o benevolent o healthcare
To provide advice, services and assistance where deemed appropriate
To pursue initiatives that will ultimately benefit the membership
To promote the sport of cricket FIRST CLASS COUNTY PLAYERS All first class County professional players are under the jurisdiction of the ECB and are members of the PCA and are entitled to the services of both organisations. In general, though, the ECB governs the game and collectively represents the Counties and the PCA represents the players, individually and collectively. County players are all employed under the Standard Contract agreed between ECB (on behalf of the 18 first class Counties) and the PCA. This contract is available on the PCA website. The only part of that contract that can be individually tailored is Schedule 1 which contains the player’s personal terms – salary, bonuses, benefits and entitlements. County players, like all England players, are subject to the Rules, Regulations, Codes and Directives of the ECB and these are available on the ECB and PCA websites. It is worth familiarising yourself with those rules, regulations, codes and directives and we particularly recommend being familiar with the ECB Anti-Corruption Code.
1.4 Team England Player Partnership Established in 2001, the TEPP is a business partnership consisting of the current England cricketers. Any player selected to play for England in a given financial year will automatically become a partner in the TEPP for that financial year. The TEPP is administered by the PCA on behalf of and for the benefit of the current England players. Areas of Responsibility: • Contractual Representation – negotiation of central contracts • Financial Management • Commercial Management • Partnership Initiatives
2. CONTRACTUAL REPRESENTATION 2.1 Overview TEPP represents all England players in contractual negotiations with the ECB. TEPP is responsible for the approval of all elements of an England player’s contract with the ECB. The London-based law firm Harbottle & Lewis represents TEPP in respect of all England player contractual matters. TEPP and PCA represent the England players in discussions and negotiations with the game’s governing bodies and stakeholders. From time to time it may be necessary for the TEPP to meet with all the players, privately, to discuss certain sensitive issues. TEPP represents England players on a range of issues, including: • Contract terms • International schedules • Anti-corruption Regulations • Volume of Cricket • Anti-doping Policy • ICC annual awards • ICC rankings • Tournament player terms • Bowling action review • FICA / ICC events • Player commercial rights
- image rights - bat logos - personal endorsements
• Code of conduct In addition, through the Federation of International Cricketers’ Associations (FICA), the England players have the benefit of being represented on a global platform. 2.2 Contracts Twelve-Month Central Contracts Central contracts run from 1 October to 30 September and run through a banding system.
The ‘England Retainer’ is paid to Players holding a 12-month Central Contract on a monthly basis and takes the place of the Player’s County salary and also takes account of the Player’s importance to the Team. In addition to the ‘England Retainer’, Players on 12-month Central Contracts receive £50,000 of employer pension contributions per annum up until 5 April 2014 and £40,000 thereafter as set out in the TEPP Employment MOU.
For the year 1 October 2013 – 30 September 2014, the levels of the England Retainer for 12-month Central Contracts will continue to be set through a banding system with the banding reflecting the current value of the Player to the Team. The basic England Retainer for Players holding 12-month Central Contracts will be paid directly into Players’ bank accounts after deductions through the ECB payroll in 12 monthly instalments on or around the 25th day of the month. It is the responsibility of a Banding Review Group, chaired by an independent non-executive representative of the ECB and
comprising the Managing Director of England Cricket and the National Selector to decide the band into which the Players holding 12-month Central Contracts should be placed.
Their recommendations will require the endorsement and approval of the Board. The England Team Director and England Captain(s) are not members of the Banding Review Group although they will be consulted and may attend meetings if invited. England Increment Contracts Players on England Increment Contracts will receive an additional sum from ECB over and above their County salary. The England Retainer relating to the England Increment Contract is set at a standard £40,000 (non-pensionable) that is an additional payment over and above the Player’s County salary. England Increment Contracts will be automatically offered to players without 12- month Central Contracts or England Increment Contracts through players making the required number of England appearances during the 12-month contract period (1 October – 30 September). 20 appearance points is the qualifying limit. - 5 points awarded for a Test appearance - 2 points awarded for an ODI or T20 appearance Tour Contracts and Home Series Contracts These are available to players called into the England set-up from the Counties. Contract Fees for ICC Tournaments The ECB will notify the Player of all appropriate contract fees for ICC Tournaments which currently include the ICC Champions Trophy, Cricket World Cup and World Twenty20. 2.3 Insurances TEPP has secured that the ECB will maintain the following insurance throughout the contract period for each player: Life Assurance, Permanent Total Disablement (from any and every gainful employment and from playing professional cricket) and Temporary Total Disablement. Individual Top Ups Players may increase their total disablement cover with individual top-ups. Cost and cover is dependent on age. TEPP can provide additional information for individuals. ECB Healthtrust All injuries or medical conditions, regardless of whether they occur in a cricket environment, are covered by the ECB Healthtrust. All members of TEPP have medical cover provided under the ECB Healthtrust programme, overseen by the PCA. All injuries or medical conditions, regardless of whether they occur in a cricket environment, are covered. All claims will be processed by ECB Chief Medical Office and the Trust’s administrator, Health Partners. Players’ wives, partners or children can also be covered by the Healthtrust. Please contact the TEPP team if you wish to add them on to your policy.
Critical Illness The PCA provides a group Critical Illness policy to all players and their wives (where relevant), plus their children. Level of benefit provided is: All cricketers £100,000 Wives of insured £50,000 Children of insured £20,000 Players must have registered their wife’s details with the PCA for her to be covered. Dependants are covered by the policy automatically. Travel Insurance Travel Insurance England Players are covered by two Travel Insurance Policies for overseas tours: The ECB Travel Insurance offers: £5,000,000 Emergency Medical Expenses £2,000 Baggage £2,000 Money In addition the PCA TakeGuard Travel Insurance policy also provides cover for any playing member of the PCA, their partners and dependents. The major elements of the cover are: The PCA TakeGuard Travel Insurance: £5,000,000 Medical Expenses £3,000 Personal Property £1,500 Personal Money 2.4 Pension The ECB will contribute the following: • ECB contributions of 10% of salary and players contribute 5% • Contributions will be to the “Group Personal Pension Scheme for Professional Cricketers” • The total contributions to an England player’s personal pension in any one tax year is now unlimited. However the amount on which tax relief is receivable is limited by HMRC rules. • The TEPP can provide more information on increasing a player’s personal contribution 2.5 Family Provision on Tour TEPP has worked hard to ensure that the ECB recognises the pressures placed on players by long periods of absence from partners and families during overseas tours. TEPP has negotiated with the ECB a family provision package based on the following criteria: - 60 days or more on tour (not continuous) - Partners and children (under 18) - One “visitor period” of up to two weeks - Return economy flights + internal flights - B&B accommodation - Partner to share with player - All children of player to share additional room - Cash allowance for partner and children
The above arrangement is not part of the formal salary structure; however all costs above will be incurred by the ECB. Any visits taken outside of this time will be considered “exceptional circumstances” and must be approved by the England Head Coach and the England Captain. PCA also run a family provision programme during the home series. Additional information is available from TEPP. 2.6 Regulations All players are governed by ECB and ICC Regulations such as the Anti-Doping and Anti-Corruption Codes, the Clothing and Equipment Regulations and so on. PCA and TEPP negotiate the terms of these Rules and Regulations with ECB and FICA negotiates on behalf of players with ICC. Many of these are looked at in detail in the Agents Exam and the documents themselves are available on the Registered Agents page of the PCA website, but, if you have any specific queries on them, please contact Ian Smith on 07798 698201 or [email protected] for more information. 2.7 Unauthorised cricket
Any player who wishes to participate in the IPL must enter into a Release Agreement in the form which has been agreed by the ECB, the Counties and TEPP, and all parties must sign the agreement.
The ECB has a right to terminate your England Contract if you make any arrangement with an IPL franchise team without entering into the Release Agreement or if you enter into an arrangement to play unauthorised cricket (e.g. ICL).
From 1 June 2009, every game of cricket that is held within any country that is not official cricket will require a status of Approved cricket or Disapproved cricket.
The ICC have ruled that any player who participates in Disapproved Cricket should not be selected nor permitted to participate in official cricket for a minimum of 12 months thereafter.
It is therefore vital that any cricket you play in is approved by the ECB and your agent must not sign you up to any disapproved cricket, otherwise you face a lengthy ban.
3. FINANCIAL MANAGEMENT 3.1 Pay and Benefit Package
o Will comprise the following elements, as appropriate, paid directly by the ECB: England Retainer payable under either:
- Twelve-month Central Contract - England Increment Contract
Plus:
- Tour Contract fees, Summer Test Match contract fees, Summer ODI/Twenty20 Series contract fees, contract fees for ICC Tournaments
Prize Monies - Team Bonuses for winning matches and series - Family provision for overseas tours - ECB contributions towards a personal pension scheme and medical, health and accident
and disablement insurance schemes - Travel Expenses - Subsistence Expenses
All members of the TEPP will be entitled to a share of the partnership’s total profits. The TEPP has various sources of income including: • ECB sponsors’ contributions • Appearance fees • Image rights payments • Other generated revenues 3.2 Prize Money & Win Bonuses The TEPP has negotiated prize money and win bonuses for England players. Prize monies are set by the host boards. Where prize money is less than for a home series the TEPP has negotiated that the ECB will make up the difference. The monies received are placed into the TEPP, with distribution of both prize money and win bonuses based on a player’s participation in matches for England. (Note: Man of the Match awards will also be placed into the TEPP) 3.3 Administration & Accounts All financial administrative functions of the partnership will be undertaken by Dyke Yaxley Limited – the TEPP Accountants. Annual Accounts will be prepared in early April and will show the total monies received by the partnership from the various sources and the various costs incurred. The difference is the total profit which is distributed to the partners.
Annual accounts and partnership distributions will be approved by the TEPP management committee: Chief Executive – Angus Porter Chairman – The England Test Captain (currently Alastair Cook) Independent Trustee – Richard Bevan Treasurer – Geoff Davies of Dyke Yaxley Limited Secretary – Bob Mitchell of Harbottle & Lewis LLP The distribution of a players’ share of profit will be based on: • Type of contract held with ECB • Playing appearances for England • Commercial activity undertaken
4. COMMERCIAL MANAGEMENT The commercial rights of the England players, as England players, are held within the TEPP and it allows the players to be collectively marketed as a team both as part of the ECB’s commercial activities and in its own right. All commercial use of England players by the ECB sponsors and commercial partners must be approved by the TEPP, including: - Designation - Player Appearances (individual and team) - Player Image Use (individual and team) - Player name, voice, nickname, likeness, caricature, signature - Signed England Team Memorabilia 4.1 ECB Commercial Partners
UK Host Broadcaster, TV Sky Sports
UK Host Broadcaster, Radio BBC
Official Sponsor of the England Team Waitrose
Official Sponsor of Test Match Cricket Investec
Official sponsor of ODI Cricket Royal London
Official sponsor of International T20 Cricket NatWest
Official Kit Supplier of the England Team and the ECB
Adidas
Official Formal Wear Supplier to the England Team
TM Lewin
Official Beer of the ECB and England Cricket Official Partner of the ECB and England Cricket
Marston’s
Official Wine of the ECB and England Cricket
Hardy’s
Official Vehicle Supplier to the England Team
Jaguar
Official Newspaper of the ECB and England Cricket
Times Newspaper
Official Champagne Supplier to the ECB and the England Team
Veuve Clicquot
Official partner of ECB and England Cricket FTI
Official Cider of the ECB and England Cricket
Weston’s Cider
4.2 Appearance/Image Use Overview Player appearances and image use are key areas of Team England rights which the TEPP can deliver to commercial partners as an integral part to their sponsorships with the ECB. Appearances Player appearances are the major element of all ECB commercial partners’ packages. All player appearances must be approved by the TEPP prior to a player carrying out any activity. The diagram demonstrates the player appearance procedure followed by all ECB commercial partners for appearances and image use: Fees All players will receive direct fees for carrying out player appearance activity during off-duty time. Fees will be confirmed to player by the TEPP, based on activity. Image Use Use of player images is the most rapidly increasing part of the ECB commercial partners’ activity. The use of team images can include: - Outdoor poster campaigns - Print advertising campaigns - Direct mail shots - Online marketing campaigns - Product endorsement PR - Flyers and handouts - Point of sale material Fees The fees received by players will be agreed between the player and the TEPP prior to usage and will be based on: • Number of players’ images used • Length of marketing campaign • Reach of marketing campaign • Direct link with product / service endorsement
Appearance /Image Use Request Form Submitted by Sponsor to ECB
ECB Approval – Submit to PCA
PCA approve appearance, based on TEPP criteria
PCA discuss with player (s) and confirm to ECB
ECB Confirm with Sponsor and co-ordinate logistics with player
Application Approval Appearance
If requested player (s) not available, ECB will discuss other options with sponsor
Player briefed fully and Appearance run by Sponsor/ ECB or Images submitted to PCA/ECB for approval
4.3 ECB Central Contract Player Obligations
What Players must do The agent should be aware that as part of his Player’s obligations under his England Contract the Player must participate in a reasonable number of activities and duties to give effect to the terms and conditions of the ECB's contracts with ECB Commercial Partners entered into either prior to or during the Contract Period. These duties include but are not limited to the following:
(a) before, during and after play on a match day and, in respect of Test matches, One Day
Internationals and Twenty20 Internationals, the two days before the match day, the Player will make himself available to any ECB licensed broadcasters (which in this context includes radio) for interviews and filming in accordance with the terms of his England Contract;
(b) the Player may be required to:
(i) make himself reasonably available to photographers at photographic
opportunities for exploitation by ECB Commercial Partners after play on a match day and after practice sessions;
(ii) wear appropriate sponsor branded clothing where reasonable to do so for photo
opportunities;
(iii) make himself available at reasonable and pre-agreed times for up to 2 hours each summer and a further 2 hours in each winter for interviews and informal conversations or question/answer sessions with fans on ecbtv (ECB’s online streaming service) accessible on www.ecb.co.uk; and
(c) at other times during the Contract Period the Player may be required to:
(i) make personal appearances at ECB Commercial Partners' functions; (ii) make himself available to photographers at photographic opportunities for
exploitation by ECB Commercial Partners;
(iii) make personal appearances for ECB initiatives that require player support as agreed with TEPP on a yearly basis;
(iv) make himself available for photographic modelling activities; and
(v) be required to sign cricket bats and other items of memorabilia.
The Player’s obligations, both individually and collectively with other members of the England Cricket team, in respect of such activities are more fully set out in his England Contract.
5. INDIVIDUAL PLAYER COMMERCIAL AGREEMENTS – ENGLAND PLAYER AGENT GUIDELINES
5.1 Background
An England cricketer has two ways to generate commercial revenue – as an individual and as a member of the England team. A Player has certain obligations to ECB Commercial Partners, as a member of the England Cricket team through his:
Central Contract;
Increment Contract; or
any other form of England Contract (tour or match) The aim of this section is to highlight the areas where a Player is free to conclude Individual Commercial Agreements, and the process which an agent needs to undertake to have these Individual Commercial Agreements pre-approved, and where there may be certain restrictions. The Ashes: In addition to England Cricket team kit or clothing, a Player may not use or licence the right to an Individual Player Commercial Partner to use “the Ashes urn”. The urn is a registered trade mark of the Marylebone Cricket Club (MCC). Together with the MCC, the ECB owns the rights in the word mark “Ashes”. The right to use imagery or wording in relation to the “Ashes urn” is owned by the ECB and MCC and therefore must not be used by any third party without the prior written consent of the ECB and MCC. PLEASE REFER TO THE TERMS OF YOUR PLAYER’S ENGLAND CONTRACT FOR FULL DETAILS OF YOUR PLAYER’S RIGHTS AND OBLIGATIONS
5.2 Definitions
In these Guidelines the following defined terms have the following meanings: “Contract Period”: the period of employment as defined in the England Contract between the Player and the ECB. “ECB Commercial Partner”: means any broadcaster, sponsor and/or supplier and licensee with whom the ECB from time to time contracts with. “England Contract”: means any contract entered into by a Player with the ECB to represent the England Cricket Team, whether or not the contract takes the form of a Central Contract, Increment Contract, Tour Contract, Match Contract or otherwise. “Individual Commercial Agreement”: means any agreement which is entered into by or on behalf of a Player in his individual capacity (as opposed to in his capacity as a player in the England Cricket team), including any individual endorsement, sponsorship, merchandising or supply agreement or any licence pursuant to which a third party is granted the right to use the Player’s image rights and/or the right to require the Player to make personal appearances. “Individual Player Commercial Partner”: means any third party which enters into an Individual Commercial Agreement with a Player.
“On Duty”: means the period from the preceding 48 hours before the start of an international match until one hour after the conclusion of actual play on the last day of such match. “Player”: means any player who has an England Contract.
5.3 Player Commercial Obligations As A Member Of The England Team
The commercial rights of the England players, as England players, are held within the TEPP and it allows the players to be collectively marketed as a team both as part of the ECB’s commercial activities and in its own right.
England Player Commercial Rights: At its simplest, all player appearances and image use carried out by a Player as a member of the England Cricket team with an ECB Commercial Partner will take place in England Cricket team kit or clothing or the relevant sponsor branded clothing;
All commercial use of England players by ECB sponsors and commercial partners must be approved by the TEPP, including:
Team appearances Personal appearances Use of players’ names, attributes and likenesses Image use Signatures Voice recording
In return for granting the right to use England players for commercial activity, the TEPP will negotiate appropriate payments into the TEPP.
The agent should be aware that as part of his Player’s obligations under his England Contract the Player must participate in a reasonable number of activities and duties to give effect to the terms and conditions of the ECB's contracts with ECB Commercial Partners entered into either prior to or during the Contract Period.
5.4 Individual Player Commercial Agreements
5.4.1 Overview
We have worked hard to ensure that exclusivity is only given to the major Team sponsors; the following sections detail where individual agreements can and cannot be concluded by Agents with companies in competing categories to ECB sponsors.
Individual commercial agreements, granting appearances and image rights, other than as an England player, can be entered into provided these are non-competitive with the ECB’s exclusive partners.
There are restrictions on these in both the employment contract with the ECB and in regulations relating to matches, clothing and equipment and ICC events like the World Cup.
No use of ECB IP Any appearance or image use undertaken by a Player as part of an Individual Commercial Agreement CANNOT:
be in England Cricket team kit or clothing; or
contain the “three lions” ECB logo; or
use the words “England Cricket team” (or a similar designation)
take place during on-duty time Carve-Out Clauses It is important that, by signing Individual Commercial Agreements, Players are not placed in breach of their England Contracts – this is relevant to all Players who play for England, not just those with Central/Increment Contracts. Therefore, Agents should ensure that the Carve-out Clauses set out in section 5.5 are included in all Individual Player Commercial Agreements, to ensure that Players do not breach their England Contracts.
Prior Approval
The relevant details of each individual player commercial agreement must be provided and obtain the ECB’s prior written approval before entering into any new individual commercial contracts.
5.4.2 Conflicts with Exclusive England Commercial Partners (Team Sponsor and Host Broadcaster)
What Players cannot do Under the terms of their England Contracts, Players cannot enter into any Individual Commercial Agreement with an Individual Player Commercial Partner which is a competitor of the following ECB Commercial Partners before the expiry date of such ECB Commercial Partners’ agreement with the ECB (and before the expiry date of any renewal of such agreement). Competitor list is in Appendix 3.
ECB
Commercial
Partner
Expiry Date
(unless
renewed)
Partner Key Rights Category
Sector
Competitors
(examples only)
Waitrose 30 April 2017
Official England Team
Sponsor and numerous
related rights
Supermarket
Any entity whose
principle business
is a supermarket
British Sky
Broadcasting 31 Dec 2017
Domestic broadcasting
and related rights of
any UK based cricket
match plus on duty
player interviews in
ground
Sports TV
channel
broadcasters,
internet
service
providers and
fixed-line
telephony/servi
ces
Virgin (not Virgin
Airways); BT; BT
Vision
If any of the above ECB Commercial Partners renew their sponsorship agreements with the ECB, or a new ECB Commercial Partner is appointed either in addition to or as a replacement for such ECB Commercial Partner, then a Player must not enter into a new Individual Commercial Agreement, or extend or renew any existing Individual Commercial Agreement (unless any such existing Individual Commercial Agreement contains a unilateral right of renewal for the Individual Player Commercial Partner) as a Player during the Contract Period that conflicts with or limits any rights granted to such existing or new Partners or otherwise places the ECB in breach of any term of its agreement(s) with such Partners.
5.4.3 Conflicts with Series Exclusive England Commercial Partners (Test Series Sponsor, ODI Series Sponsor and IT20 Series Sponsor) With specific reference to the Test, ODI and IT20 sponsors, individuals can sign agreements with competitors; however the rights must be executed ONLY during periods outside of the competition. For example, a bat logo of a competitor brand to the Test sponsor can be utilised during the ODI series but not during the Test series. For clarity, an exclusion zone for a series will be from two days before the first fixture until the final day of play in the final match. Competitor list is in Appendix 3.
ECB
Commercial
Partner
Expiry Date
(unless
renewed)
Partner Key Rights Category
Sector
Competitors
(examples only)
Investec 31 Dec 2021
Test Match Sponsor
and numerous related
rights
Wealth
management
and private
banking
Any entity whose
principle business
is private banking,
asset
management,
wealth
management,
investment
banking, capital
markets products
and services
Royal London 31 Dec 2017
Domestic and
International 50-over
sponsor and numerous
related rights
Savings and
investment
services
Any entity whose
principle business
is long term
savings and
investments,
including pensions,
asset management
and life products
NatWest 31 Dec 2017
Domestic and
International Twenty20
Sponsor and numerous
related rights
Banking and
financial
services
Any entity whose
principle business
is retail and
commercial
banking services;
products which are
competitive with
services or
products marketed
under the NatWest
brand.
5.4.4 Conflicts with Non-Exclusive England Commercial Partners (England Cricket Team Partners/Suppliers What Players can do Under the terms of their England Contracts, Players as individuals are free to enter into Individual Commercial Agreements with Individual Player Commercial Partners who are competitors of the England Cricket Team Commercial Partners and suppliers listed below.
What Agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). What Players cannot do
Three or more Players as a group must not endorse any direct competitors of the following England Cricket Team partners/suppliers;
The agreement must not include a grant of rights to the Individual Player Commercial Partner to use the Player in his capacity as an England Player (not in England Cricket team kit or clothing and without any use of the “three lions” logo or the words “England Cricket Team” or such similar designation).
England Cricket
Team
Partner/Supplier
Category
Sector
Competitors
(examples only)
Notes Expires
adidas Apparel Any entity whose
principle
business is
sports apparel
e.g. Nike, Puma
and Umbro.
31 Mar
2017
Marston’s Beer Green King IPA,
John Smith’s and
London Pride.
Lager is not
excluded, but
any Individual
Commercial
Agreements
with lager
manufacturers /
distributors
must be pre-
approved
31 Dec
2015
Jaguar Automotive Mercedes, Ford
and BMW
Hardy’s Wine Jacob’s Creek 31 Dec
2016
The Times Newspapers The Guardian,
The Telegraph
and Independent
This does not
prevent Players
from doing their
own columns
FTI Consulting Business
Consultancy
KPMG, Ernst &
Young, PWC
and Deloitte and
Touche
31 Dec
2014
TM Lewin Formalwear
Clothing
Austin Reed,
Marks &
Spencer, Gieves
& Hawkes and
Paul Smith
1 Sept
2016
Veuve Clicquot Champagne Tattinger, Louis
Roederer
31 Dec
2016
Weston’s Cider Cider Strongbow 31 Dec
2014
British Sky
Broadcasting
Satellite
television
Domestic
broadcasting and
related rights
This does not
prevent Players
from doing their
own off-duty
video diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
31 Dec
2017
Channel Five Terrestrial
television
Domestic
broadcasting and
related rights
This does not
prevent Players
from doing their
own off-duty
video diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
BBC Radio Radio Domestic radio
rights
This does not
prevent Players
from doing their
own off-duty
audio diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
5.4.5 Individual Player Commercial Agreements with cricket kit and clothing manufacturers
What Players can do For the purposes of this section, “cricket equipment” means cricket bats, batting gloves and pads, wicket-keeping gloves and pads, helmets and other protective head wear and any other protective wear or specialist medical equipment designed to be worn or used while playing cricket. Players have the right to select their own cricket equipment. A Player shall not be restricted from entering into an Individual Commercial Agreement pursuant to which a manufacturer supplies to the Player and the Player agrees to promote the sale of footwear and/or other cricket equipment of such manufacturer in accordance with the ICC regulations. What agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). What Players must do All Players must wear England Cricket team/adidas kit and clothing when training or playing for England, as issued to Players by the ECB for use during On-Duty time, or otherwise when on England duty, such as an England player appearance. Agents should ensure that the relevant Carve-Out clause set out at Section 5.5 is included in all Individual Commercial Agreements with cricket kit, clothing and equipment manufacturers. Trouser Endorsement Contracts As of 1 April 2008, Test match trousers became part of the official team England kit supplied by adidas. However, the TEPP/ECB negotiated a deal which ensures each player, upon selection for England, will not be forced to breach any individual commercial agreements they may already have. Although all players are expected to wear official Team England trousers supplied by adidas (unless a player has an existing deal that prohibits this), all players are currently advised to wear unbranded trousers supplied by the ECB unless TEPP informs you otherwise. The reason for this is that the ECB are in negotiations with all manufacturers aiming to enable all players to wear official Team England trousers for all England matches. Until a settlement agreement is signed between the manufactures and the ECB, all players should continue to wear unbranded trousers unless TEPP informs you otherwise. Image use guidelines for ECB approved hardware manufacturers with Individual Player Commercial Agreements with Players
Action imagery, from the field of play, of individual Players can be used in promotional materials (provided that, if such imagery contains ECB IP (including the “three lions” logo), such imagery only contains incidental (i.e. non-prominent) use of such ECB IP
Any promotional creative executions can feature no more than 2 action images of individual Players – no tampering of images permitted
No staged or set-up imagery is permitted to be taken of a Player in England kit, or with use of ECB IP (including the “three lions” logo, and the words “England Cricket team” or such similar designation) for promotional materials
Any staged imagery must be taken in non ECB branded/England Cricket team kit – i.e. unbranded, or with hardware manufacturer branding
Any promotional creative executions can feature no more than 2 England Players
5.4.6 Back of bat sponsorship What Players can do Under the terms of their England Contracts, Players as individuals are free to enter into Individual Commercial Agreements for a sponsor to place their company logo on the back of a Player’s bat, subject to the exclusivity restrictions details in 5.4.2 and 5.4.3 and subject to the following ICC terms:
one logo appearing on the back of the bat
the logo does not exceed 10 square inches with no single dimension smaller than 1 inch
the logo does not appear in ICC events What Agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). ICC Approval will be requested as part of this process and an agent shall be notified once such approval has been granted, or alternatively withheld. Please ensure that a copy of the logo intended to be used is attached to the original Individual Commercial Agreement approval request. What Players cannot do
Agree a sponsorship arrangement with a competitor of the host broadcaster or England Team Sponsor or betting company
The host broadcaster exclusions extend to any terrestrial broadcaster and any radio broadcaster. These may not feature on a player’s back of bat
Allow a bat logo of a competitor brand to a Series sponsor to feature during that competition
Allow a bat logo to feature during an ICC event
Three or more Players as a group must not endorse any direct competitors of the following England Cricket Team partners/suppliers
The agreement must not include a grant of rights to the Individual Player Commercial Partner to use the Player in his capacity as an England Player (not in England Cricket team kit or clothing and without any use of the “three lions” logo or the words “England Cricket Team” or such similar designation)
5.4.7 Licensed Items
What Players can do Under the terms of their England Contracts, Players as individuals are free to enter into Individual Licensing Agreements with Individual Licensees, but this must not include a grant of rights to the licensee to use the Player in his capacity as an England Player (not in England Cricket team kit or clothing and without any use of the “three lions” logo or the words “England Cricket Team” or such similar designation). Players can use action imagery in England kit within an individually licensed book editorially and can use an action image in England kit on the front cover of the book. Players must not allow use of any player imagery in England kit (action or set-up) for marketing and promotions and must not use set-up imagery in England kit on the front cover. Players must adhere to the media guidelines outlined in 5.5.8 below What Agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). Agents must send any image featuring their player in England kit for use on the front cover of a publication to the ECB for approval What Players cannot do Players cannot use the ECB or England logo for any commercial gain in the area of licensing – i.e. posters, photos, collectables. This is restricted only to the official ECB licensing programme which is run in partnership with TEPP Players must not use any player imagery in England kit (action or set-up) for use in any licensed item or in any marketing or promotional activity related to the licensed item, with the exception of an action image on the front cover of a player’s book, as outlined above.
5.4.8 Memorabilia
What Players can do Players can sign non-England or non-ECB items for commercial gain as an individual. Players can sign items using ECB IP (playing shirts or action imagery) for charitable donations and personal gifts but not for commercial agreements. What Agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). What Players cannot do
Players cannot sign any item bearing the England logo or any item of England kit for commercial gain; this is restricted only to the official ECB licensing programme which is run in partnership with TEPP 5.4.9 Diary Content / Media Columns What Players can do Players can sign commercial agreements to provide diary content (written/video) as an individual – as long as there is no breach to ICC anti-corruption regulations What Agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section 5.7 under the heading “The Approval Process”). A player's agent must submit any book/article/video in advance of publication to the England team media manager. The team media manager will advise the player and/or agent on any content which contravenes the best interests of the player or the England team. While the team media manager can recommend editorial changes, the final responsibility for any editorial content will rest with the player. What Players cannot do
Players cannot be featured in England kit; no other players must feature in the video diaries; must not be undertaken during on-duty time and no behind the scenes content
Players must not reveal confidential, privileged or sensitive commercial or cricketing information. Players are responsible for all opinions expressed either directly or by any ghost writer. No public comments must bring the ECB, the ICC or the Players into disrepute or be prejudicial to the interests of the Team, the ECB, the ICC or the game of cricket in general. As per the England contract, no Public Statement may be made by a Player:
in which any part, in action or language, constitutes a ‘personal attack’ upon any person who is himself/herself subject to the jurisdiction of the ECB or who is a member of any other international cricket Board or subject to its jurisdiction.
which is prejudicial to the interests of the ECB, the ICC, or to the game of cricket in general
which, without proper authority, discloses any matter which is confidential to the ECB or any of its committees, or confidential to or prejudicial to the interests of a Player or the Team. This also prevents unauthorised disclosure of injuries and Team tactics, and opinions on selection issues.
which the Player knows, or should reasonably know, could prejudice or implicate a fellow Player or opponent in disciplinary or legal proceedings.
which the Player knows, or should reasonably know, will have the effect of undermining the unity of the Team, or creating a distraction to the performance of any Player in Matches.
which breaches any “code of conduct” agreed by the Team for a particular tour or series, which may, for example, specify times during which there is to be no media activity by the Players.
5.5 Carve Out Clauses It is important for the following clauses to be inserted into all Individual Player Commercial Agreements, to ensure that a Player does not breach his England Contract – be it a central contract, incremental contract or match/tour contract. The first relates to the use of ECB IP, the second regarding player imagery for ECB partners and the third will protect the Player for ICC events. 5.5.1 Carve-out clauses for inclusion in players’ individual commercial agreements with sponsors and suppliers (other than suppliers of cricket equipment and cricket clothing) entered into during the 2013/2014 Contract Period 1. ECB IP
“(i) The ECB is the owner of the ECB brand and has a legitimate and reasonable right to
protect and enhance the value of the ECB brand by controlling its use. As such, no third party is entitled to use the intellectual property owned by the ECB without its prior written consent. If [Sponsor] wishes to make any use, commercial or otherwise, of the intellectual property owned by the ECB or associate itself with the England Cricket Team in conjunction with, by reference to or otherwise in connection with [Player], which without the ECB’s consent would be unlawful, [Sponsor] undertakes to obtain the prior written consent of the ECB before making such use of the ECB’s intellectual property.
(ii) Clause [(i)] above confers a benefit on the ECB and is intended by [Sponsor] and
[Player] to be enforceable by the ECB by virtue of the Contracts (Rights of Third Parties) Act 1999 and the consent of the ECB shall be required for any variation of clause [(i)].
(iii) [Sponsor] and [Player] do not intend that any term of this agreement apart from clause
[(i)] should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this agreement.”
2. Group Images “Nothing herein shall constitute [Sponsor’s] right to prevent or prohibit [Player] from appearing in
a group image for the promotion of the ECB or any of the broadcasters, sponsors and/or suppliers and licensees to whom the ECB is from time to time contracted (and for these purposes a “group image” shall mean an image in whatever form or media which features [Player] and at least two other England players each player and [Player] having reasonably equal prominence)”
3. ICC tournaments
“[Sponsor] acknowledges that if [Player] is selected to play for England during the [Term] he may participate in certain international cricket tournaments arranged by or under the auspices of the International Cricket Council (“ICC”), ICC Development (International) Limited (“IDI”) or any other body governing international cricket (“International Tournaments”) and further acknowledges that such International Tournaments may be sponsored by third parties whose products and/or services conflict with those of [Sponsor] and that to enable [Player] to participate in such International Tournaments [Player] may be required to sign a participation agreement which, inter alia, may include provisions restricting the advertising or endorsement of [Sponsor’s] [trade marks/logo/product/services] by [Player] for a certain period before and during the relevant International Tournament (the “Protected Period”).
[Sponsor] warrants that:
(i) [Player] shall be relieved of any and all of his obligations under this Agreement if and to the extent that he is unable to perform them adequately by reason of any Protected Period; and
(ii) it shall not seek to exercise any of its [Sponsorship Rights or other defined term] during
any Protected Period during the Term.” [Note to players and their agents: In relation to carve-out clause 3 above, the options that a player/his agent might want to consider when negotiating with a Sponsor are whether the Term of any sponsorship contract should be extended by the length of cumulative Protected Periods during the Term of that contract, or whether there should be a deduction from any fee paid by the Sponsor to the player pro rata for cumulative Protected Periods (maybe to take effect after [30] days have accumulated). Obviously these should not be offered immediately and need only be considered if requested by the Sponsor.] 5.5.2 Carve out Clauses – for agreements with suppliers or cricket kit, clothing and equipment Each Player must insert the following provisions into any Individual Commercial Agreement which it enters into with any supplier of cricket kit, clothing and equipment: (i) “The England and Wales Cricket Board Limited (“ECB”) is the owner of the ECB brand and has
a legitimate and reasonable right to protect and enhance the value of the ECB brand by controlling its use. As such, no third party is entitled to use the intellectual property owned by the ECB without its prior written consent. If [Hardware Manufacturer] wishes to make any use, commercial or otherwise, of the intellectual property owned by the ECB or associate itself with the England Cricket Team, in conjunction with, by reference to or otherwise in connection with [Player] which without the ECB’s consent would be unlawful. [Hardware Manufacturer] undertakes to obtain the prior written consent of the ECB before making such use of the ECB’s intellectual property.”
(ii) “Clause (i) above confers a benefit on the ECB and is intended by [Hardware Manufacturer] and
[Player] to be enforceable by the ECB by virtue of the Contracts (Rights of Third Parties) Act 1999 and the consent of the ECB shall be required for any variation of clause (i).”
(iii) “[Hardware Manufacturer] and [Player] do not intend that any term of this Agreement apart from
clause (i) should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to this Agreement.”
(iv) “[Hardware Manufacturer] acknowledges that if [Player] is selected to play for England at any
level (including but not limited to the England First Team, the England “A” team, the National Academy team and any England age-group team) then during all matches in which he is representing England (including training and practice sessions for such matches) [Player] may be required to wear cricket trousers which are not branded in the name of the [Hardware Manufacturer] and which are produced by and branded in the name of a third party. The [Hardware Manufacturer] warrants that [Player] shall be relieved of his obligation to wear [Hardware Manufacturer] branded cricket trousers during all such matches in which he is representing England (together with all the training and practice sessions for such matches) if and to the extent that [Player] is unable to perform such an obligation by reason of [Player]’s playing and/or employment contract with the ECB.”
(v) “Nothing herein shall constitute [Hardware Manufacturer’s] right to prevent or prohibit [Player]
from appearing in a group image for the promotion of the ECB or any of its commercial partners (and for these purposes a “group image” shall mean an image in whatever form or media which features [Player] and at least two other England players each such England player having reasonably equal prominence)”.
(vi) “[Hardware Manufacturer] acknowledges that if [Player] is selected to play for England during
the [Term] he may participate in certain international cricket tournaments arranged by or under the auspices of the International Cricket Council (“ICC”), ICC Development (International) Limited (“IDI”) or any other body governing international cricket (“International Tournaments”) and further acknowledges that such International Tournaments may be sponsored by third parties whose products and/or services conflict with those of [Hardware Manufacturer] and that to enable [Player] to participate in such International Tournaments [Player] may be required to sign a participation agreement which, inter alia, may include provisions restricting the advertising or endorsement of [Hardware Manufacturer’s] [trade marks/logo/product/services] by [Player] for a certain period before and during the relevant International Tournament (the “Protected Period”).
[Hardware Manufacturer] warrants that:
(i) [Player] shall be relieved of any and all of his obligations under this Agreement if
and to the extent that he is unable to perform them adequately by reason of any Protected Period; and
(ii) it shall not seek to exercise any of its [Sponsorship Rights or other defined term]
during any Protected Period during the Term.”
(vii) “Without prejudice to the provisions of clause (vi) above, [Hardware Manufacturer] shall comply with the terms of the regulations regarding Advertising on Cricket Clothing and Equipment in International Cricket in the ICC Code as such code may be amended by the ICC, the IDI or any other body governing international cricket.”
5.6 Individual Commercial Partners: Player Personal Appearances And Image Use Guidelines
5.6.1 For Individual Player Commercial Partners
What players can and cannot do
Player appearance must not take place in England Cricket team kit or clothing
There must be no reference to the Player as an England cricketer
An appearance must not be undertaken during an On-Duty period
Press releases or media articles resulting from a previous appearance, undertaken in conjunction with a sponsor who is a competitor of an ECB Commercial Partner, must not be released during on-duty time
No more than two Players can feature in any imagery associated with the appearance
It is recommended that the ECB Communications team are consulted prior to any media interviews in order for the Player to be briefed on any controversial and/or topical England/world cricket issues
5.6.2 Image use guidelines for Individual Player Commercial Partners
What Players can and cannot do
Images can be taken in unbranded clothing or Individual Player Commercial Partner branded clothing
No images of Players in England Cricket team kit or clothing can be utilised – in either set-up or action shots
There must be no reference to the Player as an England cricketer or member of the England Cricket team
No more than two Players can feature in an endorsement or advertising feature
There must be no use of any ECB IP – including ECB logos (including the “three lions” logo) and ECB designations (including “England Cricket team”, “Ashes” or such similar designation)
5.7 The Approval Process For Individual Commercial Agreements
What agents must do All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in relation to each proposed Individual Commercial Agreement, prior to their Player entering into such Individual Commercial Agreements (form attached in Appendix 1). This must outline all commercial rights being proposed to be granted to the relevant Individual Player Commercial Partner. The ECB shall have 7 days in which to review the terms of such Individual Commercial Agreement and give or withhold its consent (as applicable) to the Player entering into such Individual Commercial Agreement. This process is intended to avoid commercial conflicts with ECB, ECB Commercial Partners and the ICC. By informing the ECB/PCA of any new Individual Commercial Agreement, if any new ECB Commercial Partner deals are subsequently signed by the ECB, Players with competing deals can be referenced in the relevant ECB deal and therefore protect the Player from breaching the terms of his Individual Player Commercial Agreement.
The ICC will notify ECB and TEPP (through FICA) of all existing and new sponsors for ICC events including without limitation the ICC Cricket World Cup, the ICC Champions Trophy and the ICC World Twenty20. The ICC will directly through the Squad Terms and indirectly through obligations imposed on ECB under the Members Participation Agreement, impose certain restrictions and obligations on the Player in relation to such ICC events. Any ICC approval needed, i.e. for back of bat sponsorship, will be requested as part of this process and an agent shall be notified once such approval has been granted, or alternatively withheld. Please ensure that a copy of the logo intended to be used is attached to the original Individual Commercial Agreement approval request.
5.8 ICC Events and ICC Commercial Partners
There are number of rules and regulations regarding a Player’s right to carry out commercial activity around and during ICC events. As part of the ICC Squad terms which a Player must agree to in order to participate for the England Cricket team in ICC events, the following rights and restrictions need to be recognised by Players and their agents. Additionally, the relevant carve-out clauses (set out in Appendix 2) should be inserted into all Individual Commercial Agreements to ensure that a Player does not breach any contracts when playing in ICC events: What Players can do
Players participating in ICC events may appear in any advertising or endorsement (or other commercial activity) in their generic ‘cricket whites’ or in any other casual, formal or leisure wear, provided that:
- They are not appearing in the national colours of the England Cricket team (i.e. the current kit colours of the England Cricket ODI and T20 teams); and
- There is no implied direct association with the ICC event or any use of the ICC or the event marks/logos.
What Players cannot do (without the ICC’s prior approval)
At all times Players may not allow their name, likeness, image or any other individual characteristic to be used by any Individual Player Commercial Partner in any advertising or endorsement (or for any other commercial purpose) in such a way that gives rise to a direct or implied association with the ICC event;
During the period of 7 days prior the first match of the Event and the departure date of the Team, Squad Members may not allow their name, likeness or image to be used by any third party in any advertising or endorsement (or for any other commercial purpose) wearing Team Kit, Team Uniform or Practice Kit (or any other clothing confusingly similar thereto).
Players may not display the branding, marks or insignia of any third party (apart from an approved kit manufacturer, ECB team sponsor or ECB team logo) while on the field of play. THIS INCLUDES THE BACK-OF-BAT LOGO
What happens if Squad Members breach the Squad Terms concerning Endorsements and Advertisements around the Event? Any Squad Member that knowingly or unknowingly breaches the Squad Terms may face sanctions ranging from financial penalties through to being excluded from continued participation in the Event. General responsibilities
Please note that in order to protect the rights of ICC and its commercial partners, the Squad Members also bear a general responsibility to:
not take part in or assist any other party to undertake activities which amount to Ambush Marketing in relation to the Event;
co-operate with ICC and its commercial partners to avoid conflicts of interest between the ICC and its Commercial Rights and Squad Member’s interests;
upon becoming aware of any conflict arising, take all steps reasonably necessary to avoid or alleviate the conflict.
ICC Member Obligations Finally, participating ICC Members are asked to note that under Clause 1.5 and Schedule 4, Paragraph 2 of the Members’ Participation Agreement, Members are obliged to procure that their Squad Members comply with the above restrictions. Please assist ICC in ensuring that we comply with our continuing obligations.
ICC Event Commercial Partners
ICC Event Commercial Partner Category Sector
ESPN Star Sports Broadcast
Reliance Communications Mobile and fixed line telecommunications
LG Electronics All electronic devices: mobile handsets,
laptops, TV’s, etc
Pepsi All non-alcoholic drinks, snack-foods, cereals,
quick service restaurants
Emirates
Passenger and freight airline services
Yahoo
Internet search and other services
Castrol
Oil based products including petrol, tyres and
engine parts
MoneyGram International International money transfer services
Hyundai
Four wheel motorised vehicles
6. PLAYER INVOLVEMENT WITH BETTING COMPANIES The PCA advice to all players is that during your playing career you should not be associated with any sports betting or gambling companies at all. If however you choose to have a relationship with a betting company then please seek advice from the PCA in advance of agreeing any aspect of a deal. Recently, players have increasingly been approached by betting and gaming companies with sponsorship offers of various kinds. There is nothing inherently wrong with this, but cricket’s unfortunate recent history with corrupt gambling activity makes any activity in this area particularly sensitive. We would ask that you give very careful thought to any relationship with a betting company in the current climate. The existing rules about commercial deals still apply, but, in addition, the rules and advice below are provided in case you want to agree to a deal. Betting Companies
1. Regulated (Licensed) Betting Companies: These are the bookmakers, casino, poker sites and
betting exchanges that we are all familiar with from William Hill to 888Poker. They are licensed
and regulated by the Gambling Commission and comply with the plethora of rules that ensure
they stay within the law. All of those that offer bets on sport have entered agreements with the
ECB to exchange information on cricket betting to try and ensure that corruption is minimised.
2. Unregulated betting concerns: This is every other company, bookie and internet site out there.
The Rules 1. Under no circumstances may you deal with an unregulated betting concern in any way.
2. You may not bet on cricket or offer facilities for betting on cricket.
3. It follows that you should not directly or indirectly encourage people to bet on cricket.
4. You may only deal with Regulated Betting Companies.
5. You may not appear in any media advertising or endorsing a Betting Company.
6. You may not display a betting company logo on any cricket equipment or clothing.
The Advice 1. Do not be associated with sports betting at all.
2. Seek advice from Ian Smith in advance of agreeing any aspect of a deal.
7. FEDERATION OF INTERNATIONAL CRICKETERS ASSOCIATION (FICA) Background FICA is the collective voice of International Players Associations and International Players to the International Cricket Council. FICA’s collective opinion is communicated to the ICC, with individual Player Associations responsible for dealing with matters that are specific to that region, including player payments. FICA is charged with the responsibility of representing player opinion on matters that are common across all or the majority of countries. Typically these issues involve protecting player rights in the following areas: Commercial / Industrial
Player Terms for ICC Events
Player Insurance for ICC Events
ICC revenue initiatives utilising Player Attributes – ICC Computer Games and other licensing initiatives
ICC decisions that affect / enhance earning capacity of players (e.g. Advertising Regulations on Cricket Equipment etc, Bat Logos)
ICC generated Standard Player Contract Clauses
ICC Event Prize money – Quantum and Timing of Payments
Dispute Resolution
Eligibility Rules
Privacy Issues Cricket-Related
ICC Programming and Competition Format
ICC Future Tour Program
“One off “ Competitions
General Volume of Cricket Issues
Rules and Regulations – Cricket Committee matter
ICC Policies
Construction and Maintenance of: o Anti Doping Policies o Anti-Corruption Codes o Code of Conduct o Racial and Religious Vilification o Suspect Bowling Actions
Other Issues
Implementation / Maintenance of Minimum Safety Guidelines for International Venues
Venue safety and security inspections for ICC Events
Joint Charity and Benefactor Initiatives Once agreement has been made on any of the above matters, FICA continues to act as a watchdog to ensure that ICC and its member countries comply with the agreements made.
Governance FICA is governed by a Board which sets policy and direction for the Association. The Board comprises one member from each of its Members (Player Associations). The FICA Board presently meets twice per annum. FICA is run on a day to day basis by its Chief Operating Officer, Ian Smith, who is presently based in the UK. All information and contact details can be found at www.thefica.com
Appendix 1
Individual Commercial Agreement Approval Form
Individual Player Personal Sponsorship Agreement – Approval Form
Once completed, please forward to PCA Head of Team England Commercial Partnerships, Emma Barnes ([email protected]) for approval prior to signing any individual player personal sponsorship agreement
Details Comments and Approval
(ECB/PCA)
Player Name
Player’s Agent
Agent Contact Email
Agent Contact Phone Number
Company/Brand to be Promoted
Product/Service Category Sector
Start Date
Term
End Date
Category Exclusive
Summary of Player Rights –
Appearances
Summary of Player Rights –
Image Use
Summary of Player Rights –
Other
Carve Out Clauses Included Yes / No
These must be included to
protect all England players in the
event of competing contracts
This personal sponsorship deal has been approved on the basis that:
Approved by:
_______________________________ _______________________________ John Perera (ECB Commercial Director) Johnny Grave (PCA Commercial Director)
COMMENTS (to be added by ECB/PCA)
Appendix 2 Competing companies to ECB Exclusive Partners
Waitrose Competitors Asda/ Walmart Aldi Lidl Marks & Spencer Morrisons Sainsbury's Tesco Investec Competitors Aberdeen Asset Management ABN Amro Artemis AXA Framlington Babson Bank of America Merrill Lynch Barclays Blackrock BNP Paribas Brewin Dolphin Brown Shipley Cater Allen Cazenove Citigroup Close Brothers Collins Stewart Coutts Credit Suisse Deutsche Bank Dresdner F & C Fidelity Gartmore Goldman Sachs Henderson HSBC Invesco Perpetual JP Morgan Jupiter Kaupthing Lazard Lloyds Banking Group M & G Macquarie Group Merrill Lynch Morgan Stanley New Star Numis Securities Old Mutual Quilter Rathbones
Rothschild Royal Bank of Scotland Santander Schroders Standard Bank Standard Chartered Bank Threadneedele UBS Vanguard Royal London Competitors Aegon Ageas Aviva Axa Blackrock Fidelity Friends Life Hargreaves Lansdown Invesco Legal & General LV= Pru Protect Prudential Schroders Scottish Widows Skandia Life Standard Life Sun Life Direct Threadneedle Zurich Natwest Competitors Bank of Scotland Barclays Clydesdale Bank first direct Halifax HSBC Lloyds Banking Group Metro Bank Nationwide Building Society Santander The Co-operative Bank Virgin Money Yorkshire Bank