The following is a letter Marc Thorpe sent to the
1997 Robot Wars© competitors on 6/24/99:
(This document was OCR'ed and double-checked, so I cannot guarantee it scanned 100% accurately)
Dear 1997 Robot Wars Participant:
Your execution of this letter is intended to acknowledge and confirm your grant of certain rights to Stickman Presents, a California Corporation in connection with your participation in the Robot Wars Event held at Herbst Pavilion at the Fort Mason Center on August 15-17 1997 (the "Event"), Set forth below is the text of paragraphs 6(a), (b) and (c) excerpted from the 1997 Robot Wars entry form. In the quoted paragraphs, you are referred to as "COMPETITOR" and the Event is referred to as the "COMPETITION."
6(a) "In consideration of COMPETITOR'S participation in the COMPETITION, RW, LLC shall have the sole, exclusive and irrevocable right, but not the obligation to film and/or video tape and exploit the COMPETITION, including, without limitation, events taking place prior to, during and after the COMPETITION, in whole or in part, by means of, including without limitation, television COMPETITION (standard, pay cable, etc.), video cassettes and video discs, motion pictures, still photographs, video tapes and video discs, sound recordings, interactive devices (e.g., CD-ROM) and similar technology, and to commercially exploit the resulting product in perpetuity, by any and all means throughout the universe, including, without limitation, the right to use COMPETITOR'S name, likeness and biographical data, copies and likenesses of COMPETITOR'S robots and in connection with any advertising, promotion and/or publicity thereafter, in any media now known or hereafter devised. RW, LLC shall have the sole and exclusive right to distribute, sell, license, exhibit separately or together with RW, LLC's logos, and in any other manner exploit and dispose of all derivative works resulting from the COMPETITION and the filming/taping thereof, including, without limitation, by means of licensing and merchandising (e.g., toys, vehicles, playsets, action figures and T-shirts based upon COMPETITOR'S robots). Additionally, RW, LLC shall have the non-exclusive right, without limitation as to time, to use and display COMPETITOR'S name, voice and likeness for the purpose of promoting publicizing and advertising subsequent competitions, and in connection with RW, LLC's institutional advertising. RW, LLC agrees not to use or authorize the use of COMPETITOR'S name for any commercial tie-ups without COMPETITOR'S prior written consent.
(b) Notwithstanding anything to the contrary in paragraph 6(a) above, if RW, LLC engages in any merchandising activities utilizing COMPETITOR'S robot (e.g., toys, T-shirts, vehicles, playsets, action figures, trading cards) RW, LLC shall pay COMPETITOR a royalty in an amount equal to seven and one-half percent (7 1/2%) of the worldwide revenues, if any, actually received in the United States by RW, LLC, after the deduction of all all actual third party costs and expenses and taxes (excluding income taxes), derived by RW, LLC from the exploitation thereof. If more than one robot is included in a given merchandising exploitation, said seven and one-half percent (7 1/2%) royalty shall be pro rated among the robots utilized.
(c) Nothing herein shall be construed to require RW, LLC to exploit any licensing and/or merchandising rights in COMPETITOR'S robot and RW LLC makes no representations whatsoever to the royalties that may be payable to COMPETITOR in the event RW, LLC does exploit such rights.
Your signature in the space provided below shall constitute your reaffirmation to be bound by the provisions of paragraphs 6(a), (b) and (c) of the 1997 Robot Wars Entry as set forth above.
ACCEPTED AND AGREED:
1997 robot wars