You are on page 1of 9
USC Upstate - NIKE Multi-Sport Proposal Letter of Intent ‘This Leter of Intent LOW’) serves as-USC Upstate's intent to enter into a multi-sport agreement with NIKE USA, Inc. ("NIKE") containing the terms and conditions| set forth herein, subject to (1) the approval oF the University of South Carolina Board of Trustees and (2) the parties executing a mutually agreed-upon official outfitter: agreement (tAgreement’), This 1.01 is not legally binding upon the parties or enforceable until both conditions deseribed hereinabove have been fulfilled. 1 2 less and Term ‘The term of the Agreement shall be five (5) years beginning July 1, 2037 and expiring June 30, 2022 (‘Contract Term"). Contract Years shall be defined as follows: Contract Year 1; uly 4, 2017 June 30,2018 Contract Year 2: July 1, 2018 June 30, 2019 Contract Year 3: July 1, 2019 ~ June 30, 2020 Gontract Year 4: July 1, 2020 — June 30, 2021 Contract Year 5: July 1, 2021 June 30, 2022 ‘Scope of Agreement. NIKE will be the exclusive head-to-toe outfitter and supplier of athletics and athletically-related apparel, footwear and accessories, and equipment (cpllectively, Products") for coaches and student-athletes in the following Intercollegiate sports programs (“Designated Sports”) at USC Upstate: men’s and women’s basketball baseball softball volleyball men’s and women’s cross country men’s and women’s golf men’s and women’s soccer men’s and women's tennis men'sand women's track and field ‘USC Upstate agrees that its coaches and student-athletes in Designated Sports shall make use of NIKE Products exclusively during training, practice and gameldays. NIKE shall be’ designated the “Official Outfitter of the USC: Upstate i Department’ or other mutually agreed-upon designation, bee te Excluded from the scope of the Agreement are Products NIKE does not mapufacture as of the effective date of the Corttract Term. ‘USC Upstate Purchase Guarantee. (@) USC Upstate agrees to purchase not less than One Hundred Thousand Dollars (100,000.00) of NIKE Products at specified team dealer pricing during each Contract Year. (0) USC Upstate agrees that all purchases of NIKE Products shall be made. with NIKE’s designated team dealer, BSN Sports (provided BSN Sports js in good standing with NIKE, as determined by NIKE). {© USC Upstate understands that t must comply with NIKE ordering guidelines (which require orders to he place: approximately 6 to 9 months inl advance) in order for NIKE to guararitee timely delivery. ‘NIKE Product.Credit/Allotment. NIKE agrees to provide USC Upstate the following complimentary credit purchase of NIKE Products at retall prices: Additional NIKE Contributions/Benefits, NIKE agrees to provide USC Upstate the following additional contribution§ @ &) Contract Year 1: $20,000 Contract Year 2: $15,000 Contract Year 3: $10,000 Contract Year 4: $10,000 Contract Year'5: $40,000 Women's Basketball. During each Contract Year of the Contract 7} agrees to provide USC Upstate the following NIKE Products at no, Ipstate: © ‘Twenty (20) pairs of basketball shoes © Twenty (20) bags © ‘Twenty (20) warm-ups Baseball. pward the i/benefits: rm, NIKE st to USC © During Contract Year 1, for each baseball uniform (Jersey }md pants) purchased by USC Upstate, NIKE will provide USC Upstate one (2) ‘Non-Compete. comparable baseball uniform at no cost to USC Upstate, maximum of forty (40) baseball uniforms, * During Contract Year 2, for each baseball uniform (jersey a purchased by USC Upstate, NIKE will: provide USC Upstat comparable baseball uniform, at no cost to USC, Upstate] maximum of forty (40) baseball uniforms. up toa nd pants) one (1) uw toa Imi the event USC Upstate needs to acquire a Product not manufactured byj NIKE for ‘use by a Designated Sport program, USC Upstate agrees that it will not a {uire such product from a competitor of NIKE without NIKE's prior written consent. An agreed upon list of NIKE competitors shall be included in the Agreement. ‘Tickets, During the Contract:TTerm, USC Upstate will provide NIKE, free of charge: (@) four (4) tickets to all regular season home games in which a Designated Sport participates; and : () two (2) tickets to any championship game in which a Designated Sport. participates. oe (@) Either party may terminate the Agreement if the other party breaches a ‘material term of the Agreement and fails to cure the breach within 30-days after written notice thereof, (6) USC Upstate may terminate the Agreement if: * NIKE disparages USC Upstate; or © NIKE uses USC Upstate’s name, logo or marks without USC Upstate’s prior approval. (Q _NIKEmay terminate the Agreemes @ * USC Upstate disparages NIKE or a NIKE employee; or USC Upstate uses NIKE's name, logo or marks without NIKE's prior approval. In the event USC Upstate's current heiad men’s basketball coach c ses to be the USC Upstate head men’s basketball coach during the Contract Jjerm, NIKE shall have the right to request an adjustment in the level of contributions/benefits provided by NIKE under the Agreement, Upstate does not agree with NIKE's proposed adjustment, either have the right to terminate this Agreement upon sixty (60) da notice. 9. Governing Law. ‘The Agreement shall be governed by the laws of the State of South Carolina| ACCEPTED AND AGREED TO BY USC UPSTATE: > 4 By: Ka Aint Print Name: Lee Fowler Title: Athletics Director a _ and:__\ te vs Dy Print Name: Dr. Brendan ally ss ‘Title: Chancellor ACCEPTED AND AGREED TO BY NIKE USA, Inc.; Sa? el eine Print Name:, = Title: Came Whe Wont — rive <éauy

You might also like