Exclusivity Agreement

In the past, I’ve written about how the exclusivity deals have kept the teams from getting certain sponsors like telecommunications companies, gasoline companies, and tire companies as sponsors. What I have done is to include a copy from 2009 owner’s document that I found on-line which spells out the exclusivity deals. You’ll notice that even though there is nothing about manufacturers of telecommunications devices in the exclusivity agreement, companies like Motorola, LG, Apple, Blackberry, you have to go to Section 13 to find out just what all is prohibited as far as a telecommunications device. Basically, even a cheap $5 walkie-talkie is prohibited.

And who makes the final determination on whether or not a product doesn’t meet the exclusivity agreement? Well, it’s supposedly NA$CAR but as we saw a couple of years back when Robby Gordon ran Motorola as a sponsor on his car, the Cup Series sponsor raised heck about it and Robby was restricted solely to running the company logo and not any graphics of Motorola’s actual products which range from cell phones to military communications equipment.

And remember what happened to RCR and Mr. Happy when Shell came on board as a sponsor? Once again, it was supposedly NA$CAR who had them change the size of the decals on the car but we know better than that. It was the official fuel provider who caused the actual changes with NA$CAR acting as the hatchet man.

This is a bit long, so my apologies for that, but it is what was on a 2009 Team Owner's Contract. So go ahead and read why the teams are so restricted on finding sponsors.

　
(a} Sprint Exclusivity. I agree that, in addition to the advertising and promotional rights granted in Section 2, when participating in any way in any 2009 NASCAR Sprint Cup Series Event or any advertising and promotion using my name, likeness, or based on my participation in the NASCAR Sprint Cup Series unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo. trademark. or service identification of a company in the Telecommunications Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me. the team, or any employee or affiliate thereof, including, but not limited to, on the driver's or crew member’ NASCAR Sprint Cup Series uniforms, or the car owner's NASCAR Sprint Cup Series racing car, as well as the team's equipment, and/or haulers.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark. or service identification of a company in the Telecommunications Category, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers. I understand and agree that all determinations of whether a company is in the Telecommunications Category shall be made by NASCAR at its sole discretion and are final and non-litigable.Sprint Exclusivity.

I agree that, in addition to the advertising and promotional rights granted in Section 2, when participating in any way in any 2009 NASCAR Sprint Cup Series Event or any advertising and promotion using my name, likeness, or based on my participation in the NASCAR Sprint Cup Series unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo. trademark. or service identification of a company in the Telecommunications Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me. the team, or any employee or affiliate thereof, including, but not limited to, on the driver's or crew member’ NASCAR Sprint Cup Series uniforms, or the car owner's NASCAR Sprint Cup Series racing car, as well as the team's equipment, and/or haulers. I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark. or service identification of a company in the Telecommunications Category, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Telecommunications Category shall be made by NASCAR at its sole discretion and are final and non-litigable.

(b} Goodyear Exclusivity. I agree that when participating in any way in any 2009 NASCAR Sprint Cup Series Event, unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo, trademark, or service identification of a company in the Tire Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me, the team, or any employee or affiliate thereof during the Event, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.Goodyear Exclusivity.

I agree that when participating in any way in any 2009 NASCAR Sprint Cup Series Event, unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo, trademark, or service identification of a company in the Tire Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me, the team, or any employee or affiliate thereof during the Event, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.

I agree that no team member, including, but not limited to, the driver and car owner, may advertise or promote a product, brand, logo, trademark. or service identification of a company in the Tire Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes a NASCAR racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR or NASCAR-style racing vehicle.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.no team member, including, but not limited to, the driver and ear owner, may advertise or promote a product, brand, logo, trademark. or service identification of a company in the Tire Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes a NASCAR racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR or NASCAR-style racing vehicle.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.


(c) Sunoco Exclusivity. I also agree that no company in the Fuel Category (as defined in Section 13 below) shall be permitted to sponsor a car, driver, or team for any product in the Fuel Category. Notwithstanding the foregoing, a company in the Fuel Category may also manufacture lubricants (i.e., motor oil, etc.) and products other than automotive fuel (collectively "Non-Fuel Products"). Companies in the Fuel Category may sponsor a car, driver, or team for any Non-Fuel product provided that the team's racing car must primarily feature the product, brand. logo, trademark or service identification of the Non-Fuel Product. Specifically, any and all Non-Fuel Product branding must appear in a visually dominant manner comprising at least 2/3 of such lnnding on the racing car in conjunction with any corporate fuel company name comprising no more than 1/3 of such branding on the racing car. These branding ratios also apply to the driver's and crew members' uniforms, the car owner's racing car, the team's equipment, and/or hauler and any other at-track branding.

I agree that no team member, including, but not limited to, the driver and owner, may advertise or promote a product, brand, logo, trademark or service identification of a company in the Fuel Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes any NASCAR Series branded racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR branded or NASCAR-style racing vehicle. I understand and agree that all determinations of whether a company is in Fuel Category or the branding ratios comply with this provision, shall be made by NASCAR in its sole discretion and are final and non-litigable.

I also agree that no company in the Fuel Category (as defined in Section 13 below) shall be permitted to sponsor a car, driver, or team for any product in the Fuel Category. Notwithstanding the foregoing, a company in the Fuel Category may also manufacture lubricants (i.e., motor oil, etc.) and products other than automotive fuel (collectively "Non-Fuel Products"). Companies in the Fuel Category may sponsor a car, driver, or team for any Non-Fuel product provided that the team's racing car must primarily feature the product, brand. logo, trademark or service identification of the Non-Fuel Product. Specifically, any and all Non-Fuel Product branding must appear in a visually dominant manner comprising at least 2/3 of such lnnding on the racing car in conjunction with any corporate fuel company name comprising no more than 1/3 of such branding on the racing car. These branding ratios also apply to the driver's and crew members' uniforms, the car owner's racing car, the team's equipment, and/or hauler and any other at-track branding.

I agree that no team member, including, but not limited to, the driver and owner, may advertise or promote a product, brand, logo, trademark or service identification of a company in the Fuel Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes any NASCAR Series branded racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR branded or NASCAR-style racing vehicle.

I understand and agree that all determinations of whether a company is in Fuel Category or the branding ratios comply with this provision, shall be made by NASCAR in its sole discretion and are final and non-litigable.