Policy for Online Distribution and Marketing of MLBP-Licensed Products

  • MLB Licensed Product Sales Limitations Licensees may not, directly or indirectly, sell any MLBP-licensed products to retailers for online sales, except to websites owned by those retailers identified below ("Approved Online Retailers") or retailers otherwise approved in writing by MLB's Executive Vice President of Business.
  • Approved Online Retailers Approved Online Retailers include (i) MLBP's consumer product licensees with U.S. distribution rights, and (ii) the entities listed on Exhibit A.
  • Criteria for Becoming an Approved Online Retailer As noted above, MLBP may, in its sole discretion, approve additional retailers to sell products online. MLBP will consider, among other things, the following criteria when reviewing requests to approve proposed websites:
    • Whether the applicable retailer generates more than 25% of its overall revenue from physical sales at brick and mortar stores operated under names or trademarks owned or controlled by such retailer.
    • Whether, in the previous calendar year, the proposed retailer sold $2 million or more in MLBP-licensed products.
    • Whether the proposed website includes state of the art technology, appropriate privacy policies and customer service protections.
    • The breadth of the selection of products offered on the proposed website.
    • The return policies and customer service support made available by the proposed website.
    • Whether each MLBP-licensed product bearing a particular MLB Club's name, mark or logo or other MLB mark and sold online by the applicable retailer is offered for sale in all of such retailer's brick and mortar stores in such MLB Club's local market.
  • Restrictions on Use of MLB Trademarks and Other MLB Content Retailers may not do the following, unless otherwise approved in writing by MLBP:
    • Except as set forth in the next sentence, use any MLB-owned or controlled names, logos or other trademarks (collectively, "MLB Trademarks") on their websites. Provided they otherwise comply with MLBP's policies and applicable law, retailers may show MLBP-licensed products they offer for sale;
    • Use photographs or footage from MLB games or events on or in connection with their websites;
    • Purchase, bid or participate in auctions on any Internet search engines (including, but not limited to, Alibaba, Amazon, Bing, eBay, Facebook, Google, Twitter or Yahoo!) for any terms or variations of terms that include any MLB Trademarks or any terms that refer to MLBP-licensed products; or
    • Display advertisements, including, but not limited to, product listing advertisements or Third Party Marketplace advertisements (as defined below) using MLB Trademarks, any terms that refer to MLBP-licensed products or otherwise relating to MLB or the MLB Clubs.
  • Restrictions on Retailer's Sales Retailers who sell MLBP-licensed products online are not authorized to sell such products under any Third Party Marketplaces, Internet buying sites (e.g., buy.com, ebay.com or amazon.com) or Internet aggregation sites (e.g., Yahoo! or aol.com). Licensees shall ensure that any retailer to whom they sell MLBP-licensed products sells such products online (i) in accordance with MLBP's policies, and (ii) only via websites that are not marketed under any third party's brand and that are owned or controlled by such retailer.
  • Third Party Marketplaces Definition For purposes of this policy, "Third Party Marketplaces" include third party storefronts and other sites that allow multiple third party sellers to sell merchandise directly to the public and for which the shopping cart and checkout process occurs directly on such site (e.g., Alibaba, Amazon, eBay, Rakuten, Sears Marketplace and Walmart Marketplace).
  • Counterfeits/Infringements/Ambush Marketing Licensees are prohibited from selling to any retailer or other entity that MLBP believes has sold, is selling or is promoting any counterfeit products, products that MLBP believes infringe upon MLBP's owned or controlled rights or products that MLBP believes are designed to ambush the rights it owns or controls.
  • Ceasing Shipments to Retailers in Breach Licensees who are notified by MLBP that retailers are selling MLBP-licensed products in a manner prohibited by this policy shall cease shipments of such products to those retailers within five (5) days of receiving MLBP's notice, unless otherwise directed in writing by MLBP.
  • Reservation of Rights MLBP reserves the right to amend this policy in its sole discretion without prior notice in any manner and at any time. Accordingly, MLBP may prohibit a retailer from selling online any MLBP-licensed products if MLBP determines that allowing such sales would be detrimental to MLB's brand image (e.g., if the e-commerce site is selling counterfeit product or displaying MLB products in a manner that reflects poorly upon MLB or the brands it owns or controls).

Exhibit A

LAST UPDATED 6.18.2018

 

  • "Herb" Philipson's Army & Navy Stores
  • 1375 Broadway Gifts LLC
  • Abt Electronics Inc.
  • Academy Sports + Outdoors
  • Albertsons LLC
  • Aloha Shirt Shop
  • American Eagle Outfitters
  • American Gaming Supply, Inc.
  • Army Air force Exchange Services
  • Arnold's Billiard Supply
  • Ashley Stewart
  • Athlete's Foot (The)
  • Babe Ruth League, Inc.
  • Babies R Us
  • Bed Bath and Beyond
  • Bespoke Cut and Sew, LLC
  • Best Buy
  • Beyond the Ordinary Inc.
  • Big 5 Sporting Goods Corp
  • BJs Wholesale Club
  • Billiard Exchange Inc., DBA PoolDawg.com
  • Bon-Ton Department Stores, Inc.
  • Boscov's Department Store
  • Buckle
  • Burlington Coat Factory
  • Calendar Holdings LLC
  • California Sport Design
  • Cannon Sports, Inc
  • Caps Unlimited One, Inc.
  • Caroll's Cove, LLC
  • CBS Sports
  • CCI, LLC
  • Cecil Sports DBA Grandstand LTD
  • Celebrate The Season
  • Century 21 Department Store
  • Champs Sports
  • Char Crews
  • Chicago Sports & Novelty, Inc.
  • CincyShops & Embroidery
  • Clark Street Sports
  • Cooperstown Baseball Group
  • Costco Wholesale Corporation
  • Crystal Art Imports, Inc.
  • Custom Spirit, Inc. (stldugoutstore)
  • D&J Variety Store
  • Dan Dann Associates Inc., Bleachers
  • Dennys Fashion Style For All
  • Destination Maternity Corporation
  • Detroit Athletic Co
  • Dicks Sporting Goods
  • Dillards Department Stores
  • Diverse Spectrum, Inc. dba Billion Creation
  • Doggienation Inc.
  • DTLR, Inc.
  • DTV Inc.
  • Dunhams Athleisure Corp (Dunhams Sports)
  • Eastbay
  • ESCO Shoe City
  • Esses Distributing Company LLC
  • Fan Favorites Corporation
  • Fan Shop at jcp
  • Fanatics
  • Fansedge
  • Finish Line Inc.
  • Fire House Neon Signs
  • Foot Locker
  • Fox Sports
  • Fusionist LLC
  • Gap
  • Goedeker Television Company
  • GoinProSports.com
  • Golf Warehouse Inc. dba baseballsavings.com
  • Gordman's Stores, Inc.
  • Grand Slam New York, LLC
  • Half Time, Cap City, Inc.
  • Hat Club LLC
  • Heads N Threadz (Mayur Enterprises)
  • Heartland Flagpoles & Custom Flags
  • Herkyland
  • Hibbett Sports, Inc.
  • HomeBello
  • Home Shopping Network
  • Hudson News
  • HY-VEE Inc
  • Island In The Sun LLC
  • J&M Golf Inc.
  • Jako Enterprises
  • Johnny Mac's Sporting Goods
  • JT Clark Co. LLC
  • Kats Hardware, Inc.
  • Kmart/Sears Holdings
  • Kohl's
  • Kozee's Emporium
  • Kroger/Fred Meyer Inc
  • Krystyna's Jewlery, Inc.
  • Laux Sporting Goods Inc.
  • Lids
  • Maple Hill
  • Margolin Shoes, Inc.
  • Marmaxx Group / Marshalls / TJ Maxx
  • Meijer Inc
  • Mickey's Place
  • Mills Fleet Farm
  • MLB and MLB Teams
  • Modells Sporting Goods
  • Museum of Modern Art
  • My Shirts Corporation
  • National Bobblehead Hall of Fame and Museum
  • NBC Sports
  • New Millennium Gift & Brooklyn Cap
  • Noor Clothing
  • Number21Sports, LLC
  • NYCSOLE
  • Old Navy
  • Olympia Sports
  • Omaha Flag Company, Inc.
  • OneStopFanShop, Inc.
  • Pacific Sunwear of California, Inc.
  • Paradies Shops Inc
  • Paragon Athletic Goods CO LLC
  • Party City
  • Patch Collection LLC
  • Premier Sports Marketing Inc. /Player Exclusive
  • Pro Image Franchise LLC (dba Pro Image Sports)
  • Pro Jersey Sports
  • PS38 LLC
  • Publix Super Markets
  • Rally House
  • Recroomstore.com
  • Ross Stores Inc
  • Roster
  • Rozel Jewelers Inc.
  • Safeway
  • Sams Wholesale Club
  • San Jose Custom MFG (Jewelers)
  • Scheels All Sports Inc
  • Seattle Sport NW Inc.; onthefield.com
  • Seventh Avenue, Inc.
  • Shop Mo Sports, LLC
  • Shopko Stores Inc.
  • Sinbad Sports
  • Sport Seasons
  • Sporting Up, Inc
  • Sports Unlimited
  • Sports Distributors, Inc. dba Sports World Chicago
  • Sports Fans Depot (DBA) Zappysales
  • Sports Mania, Inc.
  • Sports Shoe LLC./ Sneaker Town USA
  • Sports Unlimited
  • Sports Venture Inc.
  • SportsKids LLC
  • State Street Products
  • Target Corporation
  • Things Remembered
  • Threads for Heads
  • Tieguys.com, Inc.
  • Tilly's Inc.
  • Todd Snyder (Tailgate Co.)
  • UEP Inc. dba Flagline.com
  • Universal Direct Fulfillment Corp.
  • Upstreamers LLC
  • Utah Jazz Retail, Inc. (Fanzz)
  • Village Hat Shop
  • Vintage Sports Closet LLC
  • Von Maur, Inc.
  • Walmart
  • Wayfair, LLC
  • Whiffs, Inc. (ornamentshop.com)
  • Williams Sports Enterprises, Inc.
  • Winchester Carpet & Rug
  • Wriggleyville Sports
  • Yahoo Sports