At the heart of the current dispute between the West Indies board and the players in Clause 5 of the match/tour contract. On Monday, June 27, the board offered an amended version of this clause, as follows
5. Sponsorships and Endorsements
(a) The Player acknowledges that WICB has the sole and exclusive right to arrange for sponsorship, advertising, licensing, merchandising and promotional activities relating to WICB or any WICB Team. (b) The WICB acknowledges that individual Players have the sole and exclusive right to enter into their own individual commercial contracts granting similar image rights as in Clause 5(a) other than as a West Indian Player and subject to Clause 5.1 and Clause 5.2
5.1 INTELLECTUAL PROPERTY USAGE RIGHTS
a) The Player agrees that WICB shall have the right to use his Attributes and shall make himself available to have his photograph taken or likeness created, individually or with other members of the WICB Team, at such times and places as the WICB shall designate. The Player agrees that all rights in such pictures or likenesses shall belong to the WICB and that the WICB may use such photographs or likenesses only for the purpose of promoting and developing any WICB Team, WICB and/or the sport of cricket.
b) Because of WICB's concern that the public might be mistakenly misled to believe that a particular product or event is endorsed or sponsored by WICB or any WICB Team and the need for WICB to preserve its reputation and integrity, the Player agrees that he shall not:
i. use the name or logo of any WICB Team or of WICB for any purpose unless he shall have received the prior written consent and approval of WICB; or ii. unless he shall have received the prior written consent and approval of WICB (such permission not to be unreasonably withheld), make any Player Endorsement, a. in which he appears, either alone or with any other player, in any WICB Team uniform, in any attire which closely resembles or is confusingly similar to any official WICB Team uniform, or in any attire whatsoever bearing or displaying the marks and/or logos of either WICB or any WICB Team; or
b. in which he is or may be either directly or indirectly identified as a member of any WICB Team.
5.2 PLAYER OBLIGATIONS- Promotional
The player will during the term of this contract:
a) not to enter into any Player Endorsement:
i. as a member of the team unless he has received the prior written permission of WICB. ii. with any third party if that third party is a competitor of a WICB Major sponsor iii. in which he is used in any medium with more than two other members of the WICB team, regardless of attire
b) ensure that each player endorsement entered into contains a provision that, in case of conflict with a WICB Major Sponsor, the WICB Major Sponsor will have primacy and that for WICB Events, the Player's sponsor will release the Player from his obligations under the Player Endorsement so as to allow the player to fully comply with his obligations under this Contract (unless he has a pre-existing agreement with such a sponsor that has been approved in writing by the WICB under this Contract or the Player's previous player contract with the WICB or the Player's agreement with such a sponsor pre-dates any contract he has had with the WICB)
c) not engage in any activities which WICB determines, in its reasonable discretion, would be detrimental to or inconsistent with (a) the development of cricket in the West Indies or (b) the reputation, integrity or image of the WICB or any WICB Team.
d) at all times while playing matches, training (whether during a pre-tour training camp or training sessions during tours), making a Player Appearance or otherwise representing WICB or a WICB Team in a pre or post match situation, not do anything which suggests that he is associated with nor associate himself with any products or services of any competitor of any WICB Major Sponsor or ICC sponsor.
e) submit to WICB prior to signing this Contract, information pertaining to (excluding financial terms) all Player Endorsements that are existing as required in the attached Schedule Item 5.
f) not denigrate any WICB Major Sponsor or Sponsor Product nor to behave in a manner which might reflect adversely on the name, image and reputation of such Sponsor or Product;
g) commencing upon the execution of this Contract, or 14 days before any Match\Tour (whichever is later) and expiring 7 days after such Match\Tour, not endorse or otherwise engage in any promotional, marketing or advertising event, activity or appearance of any description for or on behalf of any Competitor of a WICB Major Sponsor;
h) participate as a member of the team in the filming and recording of any advertising campaign to meet WICB Major Sponsor obligations;
i) participate in all creative and recording sessions required for the production of all photographs, images and recordings of the WICB Team to meet WICB Major Sponsor obligations;
j) attend and participate in all Official Events, Autograph Sessions; Promotional Appearances for the Team Sponsor or other WICB Major Sponsor which events, sessions, appearances do not exceed in the aggregate in one year; four (4) Official Events, four (4) Autograph Sessions, and three (3) Promotional Appearances;
k) wear such Cricket Clothing, inclusive of Formal Wear, Training Gear and Match Uniforms, and to use all equipment in compliance with WICB's Major Sponsor Obligations; and
l) Otherwise, co-operate in the promotion and marketing of WICB Major Sponsors and Sponsors Products upon such terms as such Sponsors shall agree with the Player subject to the Player ensuring that the Sponsor has first informed the WICB and WIPA
In respect of the matters referred to in sub-paragraphs 5.2g and 5.2h, above, WICB shall seek to agree with WIPA prior to WICB settling with the WICB Major Sponsor(s), the terms relating to the filming and recording of any advertising campaign, or to the production of any photographs, images or recordings of the WICB Team.