AGENTS’ GUIDE TO TEPP, ENGLAND PLAYER CONTRACTS, CRICKET GOVERNANCE AND
OTHER IMPORTANT MATTERS.
1. OVERVIEW
1.1
Introduction
1.2
ECB
1.3
PCA
1.4
TEPP
2. CONTRACTUAL REPRESENTATION
2.1
Overview
2.2
Contracts
2.3
Insurances
2.4
Pension
2.5
Family Provision
2.6
Regulations
2.7
Unauthorised Cricket
3. FINANCIAL MANAGEMENT
3.1
Pay and benefit package
3.2
Prize money and win bonuses
3.3
Administration and accounts
4. COMMERCIAL MANAGEMENT
4.1
ECB Commercial Partners
4.2
Appearance/Image Use Overview
4.3
ECB Central Contract Player Obligations
5. INDIVIDUAL PLAYER COMMERCIAL ARRANGEMENTS
5.1
Background
5.2
Definitions
5.3
Player commercial obligations as a member of the England team
5.4
Individual player commercial agreements
5.4.1 Overview
5.4.2 Conflicts with exclusive England commercial partners
5.4.3 Conflicts with series exclusive England commercial partners
5.4.4 Conflicts with non-exclusive England commercial partners
5.4.5 Individual player commercial agreements with cricket kit and clothing
manufacturers
5.4.6 Back of Bat sponsorship
5.4.7 Licensed Items
5.4.8 Memorabilia
5.4.9 Diary Content / Media Columns
5.5
Carve-out clauses
5.6
Individual commercial partners: player appearance and image use guidelines
5.7
Approval process for individual commercial agreements
5.8
ICC events and ICC commercial partners
6. PLAYER INVOLVEMENT IN BETTING COMPANIES
7. FICA
Appendix 1
Individual Player Personal Sponsorship Agreement – Approval Form
Appendix 2
Conflicting companies to England team exclusive sponsors
1. OVERVIEW
1.1
Introduction
The information contained in the many documents available on the Registered Agents page of the PCA
and ECB websites is there to provide players’ agents and prospective agents with the foundation
knowledge necessary and desirable to act within the laws, rules, regulations and good practice of
professional cricket in England and Wales.
This introductory guide is strongly focused on understanding the systems and services that exist for
England Players. Most County players have limited sources of income and are usually heavily reliant on
their employment contract salary and a few small commercial deals around kit and cricket related
sponsors. Consequently, the greater importance to the game and greater earning potential of England
players justifies the emphasis on matters affecting them. It is when a player is about to play for
England, is playing for England or has played for England that his agent most needs to work with the
PCA and ECB in the management of that player’s commercial affairs and time.
We hope the comprehensive nature of what we’ve set out here will be a constant reference to you and
we urge you to interact with us on the content of it. If there are things we’ve obviously not covered and
you think ought to be included, please email Ian Smith of the PCA on [email protected] or Amanda
Hill of the ECB on [email protected].
Additional information is always available on the websites of the ECB and PCA: www.ecb.co.uk
www.thepca.co.uk
It is well worth a thorough examination of the PCA website to understand what benefits and services
are available to first class professional cricketers in England and Wales.
At the very least and only for experienced agents, we recommend a thorough reading of the new
Regulations so that you understand the new system and mechanisms for registration along with the
respective rights of you, the ECB and the players.
Key PCA Contacts
Angus Porter – PCA Chief Executive
[email protected]
07584 262083
Ian Smith – FICA Chief Operating Officer
[email protected]
07798 698 201
Johnny Grave – PCA Commercial Director
[email protected]
07768 558038
Emma Barnes – PCA Head of Team England Commercial Partnerships
[email protected]
07799 472236
1.2
ECB
The ECB is the governing body for all cricket in England and Wales.
ECB provides support for the game far beyond the boundaries of just international
and first class cricket.
1.3
PCA
The PCA is the guardian of the commercial rights of all its members. All players registered for one of
the 18 First Class Counties is automatically a member of the PCA unless he opts out of membership –
no-one has opted out in more than a decade.
PCA Mission Statement:
“To promote and protect the interests of the members by endeavouring to come to amicable
agreements with all lawfully constituted cricket authorities, primarily the England & Wales Cricket
Board, with a view to the abolition of all restrictions which affect the social and financial position of
members at all times”
PCA Objectives:
 To act as the collective and representative voice of the first class cricketers in
England and Wales
 To safeguard the rights of both present and past first class cricketers
 To provide and improve the welfare of its members in key areas:
o cricket
o personal development
o insurance
o legal
o financial
o benevolent
o healthcare
 To provide advice, services and assistance where deemed appropriate
 To pursue initiatives that will ultimately benefit the membership
 To promote the sport of cricket
FIRST CLASS COUNTY PLAYERS
All first class County professional players are under the jurisdiction of the ECB and are members of the
PCA and are entitled to the services of both organisations. In general, though, the ECB governs the
game and collectively represents the Counties and the PCA represents the players, individually and
collectively.
County players are all employed under the Standard Contract agreed between ECB (on behalf of the
18 first class Counties) and the PCA. This contract is available on the PCA website.
The only part of that contract that can be individually tailored is Schedule 1 which contains the player’s
personal terms – salary, bonuses, benefits and entitlements.
County players, like all England players, are subject to the Rules, Regulations, Codes and Directives of
the ECB and these are available on the ECB and PCA websites. It is worth familiarising yourself with
those rules, regulations, codes and directives and we particularly recommend being familiar with the
ECB Anti-Corruption Code.
1.4
Team England Player Partnership
Established in 2001, the TEPP is a business partnership consisting of the current England cricketers.
Any player selected to play for England in a given financial year will automatically become a partner in
the TEPP for that financial year.
The TEPP is administered by the PCA on behalf of and for the benefit of the current England players.
Areas of Responsibility:
• Contractual Representation – negotiation of central contracts
• Financial Management
• Commercial Management
• Partnership Initiatives
2. CONTRACTUAL REPRESENTATION
2.1
Overview
TEPP represents all England players in contractual negotiations with the ECB. TEPP is responsible for
the approval of all elements of an England player’s contract with the ECB.
The London-based law firm Harbottle & Lewis represents TEPP in respect of all England player
contractual matters.
TEPP and PCA represent the England players in discussions and negotiations with the game’s
governing bodies and stakeholders.
From time to time it may be necessary for the TEPP to meet with all the players, privately, to discuss
certain sensitive issues.
TEPP represents England players on a range of issues, including:
• Contract terms
• International schedules
• Anti-corruption Regulations
• Volume of Cricket
• Anti-doping Policy
• ICC annual awards
• ICC rankings
• Tournament player terms
• Bowling action review
• FICA / ICC events
• Player commercial rights
- image rights
- bat logos
- personal endorsements
• Code of conduct
In addition, through the Federation of International Cricketers’ Associations (FICA), the England players
have the benefit of being represented on a global platform.
2.2
Contracts
Twelve-Month Central Contracts
Central contracts run from 1 October to 30 September and run through a banding system.
The ‘England Retainer’ is paid to Players holding a 12-month Central Contract on a monthly basis and
takes the place of the Player’s County salary and also takes account of the Player’s importance to the
Team. In addition to the ‘England Retainer’, Players on 12-month Central Contracts receive £50,000 of
employer pension contributions per annum up until 5 April 2014 and £40,000 thereafter as set out in the
TEPP Employment MOU.
For the year 1 October 2013 – 30 September 2014, the levels of the England Retainer for 12-month
Central Contracts will continue to be set through a banding system with the banding reflecting the
current value of the Player to the Team. The basic England Retainer for Players holding 12-month
Central Contracts will be paid directly into Players’ bank accounts after deductions through the ECB
payroll in 12 monthly instalments on or around the 25th day of the month. It is the responsibility of a
Banding Review Group, chaired by an independent non-executive representative of the ECB and
comprising the Managing Director of England Cricket and the National Selector to decide the band into
which the Players holding 12-month Central Contracts should be placed.
Their recommendations will require the endorsement and approval of the Board. The England Team
Director and England Captain(s) are not members of the Banding Review Group although they will be
consulted and may attend meetings if invited.
England Increment Contracts
Players on England Increment Contracts will receive an additional sum from ECB over and above their
County salary. The England Retainer relating to the England Increment Contract is set at a standard
£40,000 (non-pensionable) that is an additional payment over and above the Player’s County salary.
England Increment Contracts will be automatically offered to players without 12- month Central
Contracts or England Increment Contracts through players making the required number of England
appearances during the 12-month contract period (1 October – 30 September). 20 appearance points is
the qualifying limit.
- 5 points awarded for a Test appearance
- 2 points awarded for an ODI or T20 appearance
Tour Contracts and Home Series Contracts
These are available to players called into the England set-up from the Counties.
Contract Fees for ICC Tournaments
The ECB will notify the Player of all appropriate contract fees for ICC Tournaments which currently
include the ICC Champions Trophy, Cricket World Cup and World Twenty20.
2.3
Insurances
TEPP has secured that the ECB will maintain the following insurance throughout the contract period for
each player: Life Assurance, Permanent Total Disablement (from any and every gainful employment
and from playing professional cricket) and Temporary Total Disablement.
Individual Top Ups
Players may increase their total disablement cover with individual top-ups. Cost and cover is dependent
on age. TEPP can provide additional information for individuals.
ECB Healthtrust
All injuries or medical conditions, regardless of whether they occur in a cricket environment, are
covered by the ECB Healthtrust.
All members of TEPP have medical cover provided under the ECB Healthtrust programme, overseen
by the PCA.
All injuries or medical conditions, regardless of whether they occur in a cricket environment, are
covered.
All claims will be processed by ECB Chief Medical Office and the Trust’s administrator, Health Partners.
Players’ wives, partners or children can also be covered by the Healthtrust. Please contact the TEPP
team if you wish to add them on to your policy.
Critical Illness
The PCA provides a group Critical Illness policy to all players and their wives (where relevant), plus
their children.
Level of benefit provided is:
All cricketers
£100,000
Wives of insured
£50,000
Children of insured £20,000
Players must have registered their wife’s details with the PCA for her to be covered. Dependants
are covered by the policy automatically.
Travel Insurance
Travel Insurance
England Players are covered by two Travel Insurance Policies for overseas tours:
The ECB Travel Insurance offers:
£5,000,000 Emergency Medical Expenses
£2,000 Baggage
£2,000 Money
In addition the PCA TakeGuard Travel Insurance policy also provides cover for any playing member of
the PCA, their partners and dependents. The major elements of the cover are:
The PCA TakeGuard Travel Insurance:
£5,000,000 Medical Expenses
£3,000 Personal Property
£1,500 Personal Money
2.4
Pension
The ECB will contribute the following:
• ECB contributions of 10% of salary and players contribute 5%
• Contributions will be to the “Group Personal Pension Scheme for Professional Cricketers”
• The total contributions to an England player’s personal pension in any one tax year is now unlimited.
However the amount on which tax relief is receivable is limited by HMRC rules.
• The TEPP can provide more information on increasing a player’s personal contribution
2.5
Family Provision on Tour
TEPP has worked hard to ensure that the ECB recognises the pressures placed on players by long
periods of absence from partners and families during overseas tours. TEPP has negotiated with the
ECB a family provision package based on the following criteria:
- 60 days or more on tour (not continuous)
- Partners and children (under 18)
- One “visitor period” of up to two weeks
- Return economy flights + internal flights
- B&B accommodation
- Partner to share with player
- All children of player to share additional room
- Cash allowance for partner and children
The above arrangement is not part of the formal salary structure; however all costs above will be
incurred by the ECB.
Any visits taken outside of this time will be considered “exceptional circumstances” and must be
approved by the England Head Coach and the England Captain.
PCA also run a family provision programme during the home series. Additional information is available
from TEPP.
2.6
Regulations
All players are governed by ECB and ICC Regulations such as the Anti-Doping and Anti-Corruption
Codes, the Clothing and Equipment Regulations and so on. PCA and TEPP negotiate the terms of
these Rules and Regulations with ECB and FICA negotiates on behalf of players with ICC. Many of
these are looked at in detail in the Agents Exam and the documents themselves are available on the
Registered Agents page of the PCA website, but, if you have any specific queries on them, please
contact Ian Smith on 07798 698201 or [email protected] for more information.
2.7
Unauthorised cricket
Any player who wishes to participate in the IPL must enter into a Release Agreement in the form which
has been agreed by the ECB, the Counties and TEPP, and all parties must sign the agreement.
The ECB has a right to terminate your England Contract if you make any arrangement with an IPL
franchise team without entering into the Release Agreement or if you enter into an arrangement to play
unauthorised cricket (e.g. ICL).
From 1 June 2009, every game of cricket that is held within any country that is not official cricket will
require a status of Approved cricket or Disapproved cricket.
The ICC have ruled that any player who participates in Disapproved Cricket should not be selected nor
permitted to participate in official cricket for a minimum of 12 months thereafter.
It is therefore vital that any cricket you play in is approved by the ECB and your agent must not sign you
up to any disapproved cricket, otherwise you face a lengthy ban.
3. FINANCIAL MANAGEMENT
3.1
Pay and Benefit Package
o
Will comprise the following elements, as appropriate, paid directly by the ECB: England
Retainer payable under either:
- Twelve-month Central Contract
- England Increment Contract
Plus:
-
Tour Contract fees, Summer Test Match contract fees, Summer ODI/Twenty20 Series
contract fees, contract fees for ICC Tournaments
Prize Monies
- Team Bonuses for winning matches and series
- Family provision for overseas tours
- ECB contributions towards a personal pension scheme and medical, health and accident
and disablement insurance schemes
- Travel Expenses
- Subsistence Expenses
All members of the TEPP will be entitled to a share of the partnership’s total
profits. The TEPP has various sources of income including:
• ECB sponsors’ contributions
• Appearance fees
• Image rights payments
• Other generated revenues
3.2
Prize Money & Win Bonuses
The TEPP has negotiated prize money and win bonuses for England players.
Prize monies are set by the host boards. Where prize money is less than for a home series the TEPP
has negotiated that the ECB will make up the difference.
The monies received are placed into the TEPP, with distribution of both prize money and win bonuses
based on a player’s participation in matches for England.
(Note: Man of the Match awards will also be placed into the TEPP)
3.3
Administration & Accounts
All financial administrative functions of the partnership will be undertaken by Dyke Yaxley Limited – the
TEPP Accountants.
Annual Accounts will be prepared in early April and will show the total monies received by the
partnership from the various sources and the various costs incurred. The difference is the total profit
which is distributed to the partners.
Annual accounts and partnership distributions will be approved by the TEPP management committee:
Chief Executive – Angus Porter
Chairman – The England Test Captain (currently Alastair Cook)
Independent Trustee – Richard Bevan
Treasurer – Geoff Davies of Dyke Yaxley Limited
Secretary – Bob Mitchell of Harbottle & Lewis LLP
The distribution of a players’ share of profit will be based on:
• Type of contract held with ECB
• Playing appearances for England
• Commercial activity undertaken
4. COMMERCIAL MANAGEMENT
The commercial rights of the England players, as England players, are held within the TEPP and it
allows the players to be collectively marketed as a team both as part of the ECB’s commercial activities
and in its own right.
All commercial use of England players by the ECB sponsors and commercial partners must be
approved by the TEPP, including:
- Designation
- Player Appearances (individual and team)
- Player Image Use (individual and team)
- Player name, voice, nickname, likeness, caricature, signature
- Signed England Team Memorabilia
4.1
ECB Commercial Partners
UK Host Broadcaster, TV
UK Host Broadcaster, Radio
Official Sponsor of the England Team
Official Sponsor of Test Match Cricket
Official sponsor of ODI Cricket
Official sponsor of International T20 Cricket
Official Kit Supplier of the England Team
and the ECB
Official Formal Wear Supplier to the England
Team
Official Beer of the ECB and England Cricket
Official Partner of the ECB and England
Cricket
Official Wine of the ECB and England
Cricket
Official Vehicle Supplier to the England
Team
Official Newspaper of the ECB and England
Cricket
Official Champagne Supplier to the ECB and
the England Team
Official partner of ECB and England Cricket
Official Cider of the ECB and England
Cricket
Sky Sports
BBC
Waitrose
Investec
Royal London
NatWest
Adidas
TM Lewin
Marston’s
Hardy’s
Jaguar
Times Newspaper
Veuve Clicquot
FTI
Weston’s Cider
4.2
Appearance/Image Use Overview
Player appearances and image use are key areas of Team England rights which the TEPP can deliver
to commercial partners as an integral part to their sponsorships with the ECB.
Appearances
Player appearances are the major element of all ECB commercial partners’ packages. All player
appearances must be approved by the TEPP prior to a player carrying out any activity.
The diagram demonstrates the player appearance procedure followed by all ECB commercial partners
for appearances and image use:
Application
Appearance
/Image Use
Request Form
Submitted by
Sponsor to
ECB
Appearance
Approval
ECB
Approval –
Submit to
PCA
PCA approve
appearance,
based on TEPP
criteria
PCA discuss
with player (s)
and confirm to
ECB
ECB Confirm
with Sponsor and
co-ordinate
logistics with
player
Player briefed
fully and
Appearance run
by Sponsor/
ECB or Images
submitted to
PCA/ECB for
approval
If requested player (s) not
available, ECB will discuss other
options with sponsor
Fees
All players will receive direct fees for carrying out player appearance activity during off-duty time.
Fees will be confirmed to player by the TEPP, based on activity.
Image Use
Use of player images is the most rapidly increasing part of the ECB commercial partners’ activity.
The use of team images can include:
- Outdoor poster campaigns
- Print advertising campaigns
- Direct mail shots
- Online marketing campaigns
- Product endorsement PR
- Flyers and handouts
- Point of sale material
Fees
The fees received by players will be agreed between the player and the TEPP prior
to usage and will be based on:
• Number of players’ images used
• Length of marketing campaign
• Reach of marketing campaign
• Direct link with product / service endorsement
4.3
ECB Central Contract Player Obligations
What Players must do
The agent should be aware that as part of his Player’s obligations under his England Contract the
Player must participate in a reasonable number of activities and duties to give effect to the terms and
conditions of the ECB's contracts with ECB Commercial Partners entered into either prior to or during
the Contract Period. These duties include but are not limited to the following:
(a)
before, during and after play on a match day and, in respect of Test matches, One Day
Internationals and Twenty20 Internationals, the two days before the match day, the
Player will make himself available to any ECB licensed broadcasters (which in this
context includes radio) for interviews and filming in accordance with the terms of his
England Contract;
(b)
the Player may be required to:
(c)
(i)
make himself reasonably available to photographers at photographic
opportunities for exploitation by ECB Commercial Partners after play on a match
day and after practice sessions;
(ii)
wear appropriate sponsor branded clothing where reasonable to do so for photo
opportunities;
(iii)
make himself available at reasonable and pre-agreed times for up to 2 hours
each summer and a further 2 hours in each winter for interviews and informal
conversations or question/answer sessions with fans on ecbtv (ECB’s online
streaming service) accessible on www.ecb.co.uk; and
at other times during the Contract Period the Player may be required to:
(i)
make personal appearances at ECB Commercial Partners' functions;
(ii)
make himself available to photographers at photographic opportunities for
exploitation by ECB Commercial Partners;
(iii)
make personal appearances for ECB initiatives that require player support as
agreed with TEPP on a yearly basis;
(iv)
make himself available for photographic modelling activities; and
(v)
be required to sign cricket bats and other items of memorabilia.
The Player’s obligations, both individually and collectively with other members of the England Cricket
team, in respect of such activities are more fully set out in his England Contract.
5.
INDIVIDUAL PLAYER COMMERCIAL AGREEMENTS – ENGLAND PLAYER AGENT
GUIDELINES
5.1
Background
An England cricketer has two ways to generate commercial revenue – as an individual and as a
member of the England team.
A Player has certain obligations to ECB Commercial Partners, as a member of the England Cricket
team through his:



Central Contract;
Increment Contract; or
any other form of England Contract (tour or match)
The aim of this section is to highlight the areas where a Player is free to conclude Individual
Commercial Agreements, and the process which an agent needs to undertake to have these Individual
Commercial Agreements pre-approved, and where there may be certain restrictions.
The Ashes:
In addition to England Cricket team kit or clothing, a Player may not use or licence the right to an
Individual Player Commercial Partner to use “the Ashes urn”. The urn is a registered trade mark of the
Marylebone Cricket Club (MCC). Together with the MCC, the ECB owns the rights in the word mark
“Ashes”. The right to use imagery or wording in relation to the “Ashes urn” is owned by the ECB and
MCC and therefore must not be used by any third party without the prior written consent of the ECB
and MCC.
PLEASE REFER TO THE TERMS OF YOUR PLAYER’S ENGLAND CONTRACT FOR FULL DETAILS
OF YOUR PLAYER’S RIGHTS AND OBLIGATIONS
5.2
Definitions
In these Guidelines the following defined terms have the following meanings:
“Contract Period”: the period of employment as defined in the England Contract between the Player
and the ECB.
“ECB Commercial Partner”: means any broadcaster, sponsor and/or supplier and licensee with whom
the ECB from time to time contracts with.
“England Contract”: means any contract entered into by a Player with the ECB to represent the England
Cricket Team, whether or not the contract takes the form of a Central Contract, Increment Contract,
Tour Contract, Match Contract or otherwise.
“Individual Commercial Agreement”: means any agreement which is entered into by or on behalf of a
Player in his individual capacity (as opposed to in his capacity as a player in the England Cricket team),
including any individual endorsement, sponsorship, merchandising or supply agreement or any licence
pursuant to which a third party is granted the right to use the Player’s image rights and/or the right to
require the Player to make personal appearances.
“Individual Player Commercial Partner”: means any third party which enters into an Individual
Commercial Agreement with a Player.
“On Duty”: means the period from the preceding 48 hours before the start of an international match until
one hour after the conclusion of actual play on the last day of such match.
“Player”: means any player who has an England Contract.
5.3
Player Commercial Obligations As A Member Of The England Team
The commercial rights of the England players, as England players, are held within the TEPP and it
allows the players to be collectively marketed as a team both as part of the ECB’s commercial activities
and in its own right.
England Player Commercial Rights:
At its simplest, all player appearances and image use carried out by a Player as a member of the
England Cricket team with an ECB Commercial Partner will take place in England Cricket team kit or
clothing or the relevant sponsor branded clothing;
All commercial use of England players by ECB sponsors and commercial partners must be approved
by the TEPP, including:






Team appearances
Personal appearances
Use of players’ names, attributes and likenesses
Image use
Signatures
Voice recording
In return for granting the right to use England players for commercial activity, the TEPP will negotiate
appropriate payments into the TEPP.
The agent should be aware that as part of his Player’s obligations under his England Contract the
Player must participate in a reasonable number of activities and duties to give effect to the terms and
conditions of the ECB's contracts with ECB Commercial Partners entered into either prior to or during
the Contract Period.
5.4
Individual Player Commercial Agreements
5.4.1 Overview
We have worked hard to ensure that exclusivity is only given to the major Team sponsors; the following
sections detail where individual agreements can and cannot be concluded by Agents with companies in
competing categories to ECB sponsors.
Individual commercial agreements, granting appearances and image rights, other than as an England
player, can be entered into provided these are non-competitive with the ECB’s exclusive partners.
There are restrictions on these in both the employment contract with the ECB and in regulations
relating to matches, clothing and equipment and ICC events like the World Cup.
No use of ECB IP
Any appearance or image use undertaken by a Player as part of an Individual Commercial Agreement
CANNOT:




be in England Cricket team kit or clothing; or
contain the “three lions” ECB logo; or
use the words “England Cricket team” (or a similar designation)
take place during on-duty time
Carve-Out Clauses
It is important that, by signing Individual Commercial Agreements, Players are not placed in breach of
their England Contracts – this is relevant to all Players who play for England, not just those with
Central/Increment Contracts.
Therefore, Agents should ensure that the Carve-out Clauses set out in section 5.5 are included in all
Individual Player Commercial Agreements, to ensure that Players do not breach their England
Contracts.
Prior Approval
The relevant details of each individual player commercial agreement must be provided and obtain the
ECB’s prior written approval before entering into any new individual commercial contracts.
5.4.2 Conflicts with Exclusive England Commercial Partners (Team Sponsor and Host Broadcaster)
What Players cannot do
Under the terms of their England Contracts, Players cannot enter into any Individual Commercial
Agreement with an Individual Player Commercial Partner which is a competitor of the following ECB
Commercial Partners before the expiry date of such ECB Commercial Partners’ agreement with the
ECB (and before the expiry date of any renewal of such agreement). Competitor list is in Appendix 3.
ECB
Commercial
Partner
Waitrose
British Sky
Broadcasting
Expiry Date
(unless
renewed)
Partner Key Rights
30 April 2017
Official England Team
Sponsor and numerous
related rights
Supermarket
Domestic broadcasting
and related rights of
any UK based cricket
match plus on duty
player interviews in
ground
Sports TV
channel
broadcasters,
internet
service
providers and
fixed-line
telephony/servi
ces
31 Dec 2017
Category
Sector
Competitors
(examples only)
Any entity whose
principle business
is a supermarket
Virgin (not Virgin
Airways); BT; BT
Vision
If any of the above ECB Commercial Partners renew their sponsorship agreements with the ECB, or a
new ECB Commercial Partner is appointed either in addition to or as a replacement for such ECB
Commercial Partner, then a Player must not enter into a new Individual Commercial Agreement, or
extend or renew any existing Individual Commercial Agreement (unless any such existing Individual
Commercial Agreement contains a unilateral right of renewal for the Individual Player Commercial
Partner) as a Player during the Contract Period that conflicts with or limits any rights granted to such
existing or new Partners or otherwise places the ECB in breach of any term of its agreement(s) with
such Partners.
5.4.3 Conflicts with Series Exclusive England Commercial Partners (Test Series Sponsor, ODI Series
Sponsor and IT20 Series Sponsor)
With specific reference to the Test, ODI and IT20 sponsors, individuals can sign agreements with
competitors; however the rights must be executed ONLY during periods outside of the competition. For
example, a bat logo of a competitor brand to the Test sponsor can be utilised during the ODI series but
not during the Test series. For clarity, an exclusion zone for a series will be from two days before the
first fixture until the final day of play in the final match. Competitor list is in Appendix 3.
ECB
Commercial
Partner
Investec
Royal London
NatWest
Expiry Date
(unless
renewed)
31 Dec 2021
Partner Key Rights
Test Match Sponsor
and numerous related
rights
Category
Sector
Wealth
management
and private
banking
31 Dec 2017
Domestic and
International 50-over
sponsor and numerous
related rights
Savings and
investment
services
31 Dec 2017
Domestic and
International Twenty20
Sponsor and numerous
related rights
Banking and
financial
services
Competitors
(examples only)
Any entity whose
principle business
is private banking,
asset
management,
wealth
management,
investment
banking, capital
markets products
and services
Any entity whose
principle business
is long term
savings and
investments,
including pensions,
asset management
and life products
Any entity whose
principle business
is retail and
commercial
banking services;
products which are
competitive with
services or
products marketed
under the NatWest
brand.
5.4.4 Conflicts with Non-Exclusive England Commercial Partners (England Cricket Team
Partners/Suppliers
What Players can do
Under the terms of their England Contracts, Players as individuals are free to enter into Individual
Commercial Agreements with Individual Player Commercial Partners who are competitors of the
England Cricket Team Commercial Partners and suppliers listed below.
What Agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
What Players cannot do
 Three or more Players as a group must not endorse any direct competitors of the following England
Cricket Team partners/suppliers;
 The agreement must not include a grant of rights to the Individual Player Commercial Partner to use
the Player in his capacity as an England Player (not in England Cricket team kit or clothing and
without any use of the “three lions” logo or the words “England Cricket Team” or such similar
designation).
England Cricket
Team
Partner/Supplier
adidas
Category
Sector
Apparel
Marston’s
Beer
Jaguar
Automotive
Hardy’s
Wine
The Times
Newspapers
Competitors
(examples only)
Notes
Any entity whose
principle
business is
sports apparel
e.g. Nike, Puma
and Umbro.
Green King IPA, Lager is not
John Smith’s and excluded, but
London Pride.
any Individual
Commercial
Agreements
with lager
manufacturers /
distributors
must be preapproved
Mercedes, Ford
and BMW
Jacob’s Creek
The Guardian,
The Telegraph
and Independent
This does not
prevent Players
from doing their
own columns
Expires
31 Mar
2017
31 Dec
2015
31 Dec
2016
FTI Consulting
Business
Consultancy
TM Lewin
Formalwear
Clothing
Veuve Clicquot
Champagne
Weston’s Cider
Cider
British Sky
Broadcasting
Satellite
television
Channel Five
Terrestrial
television
BBC Radio
Radio
KPMG, Ernst &
Young, PWC
and Deloitte and
Touche
Austin Reed,
Marks &
Spencer, Gieves
& Hawkes and
Paul Smith
Tattinger, Louis
Roederer
Strongbow
Domestic
This does not
broadcasting and prevent Players
related rights
from doing their
own off-duty
video diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
Domestic
This does not
broadcasting and prevent Players
related rights
from doing their
own off-duty
video diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
Domestic radio
This does not
rights
prevent Players
from doing their
own off-duty
audio diaries,
online columns
etc or working
with terrestrial
TV channels or
radio
broadcasters
31 Dec
2014
1 Sept
2016
31 Dec
2016
31 Dec
2014
31 Dec
2017
5.4.5 Individual Player Commercial Agreements with cricket kit and clothing manufacturers
What Players can do
For the purposes of this section, “cricket equipment” means cricket bats, batting gloves and pads,
wicket-keeping gloves and pads, helmets and other protective head wear and any other protective wear
or specialist medical equipment designed to be worn or used while playing cricket. Players have the
right to select their own cricket equipment.
A Player shall not be restricted from entering into an Individual Commercial Agreement pursuant to
which a manufacturer supplies to the Player and the Player agrees to promote the sale of footwear
and/or other cricket equipment of such manufacturer in accordance with the ICC regulations.
What agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
What Players must do
All Players must wear England Cricket team/adidas kit and clothing when training or playing for
England, as issued to Players by the ECB for use during On-Duty time, or otherwise when on England
duty, such as an England player appearance. Agents should ensure that the relevant Carve-Out clause
set out at Section 5.5 is included in all Individual Commercial Agreements with cricket kit, clothing and
equipment manufacturers.
Trouser Endorsement Contracts
As of 1 April 2008, Test match trousers became part of the official team England kit supplied by adidas.
However, the TEPP/ECB negotiated a deal which ensures each player, upon selection for England, will
not be forced to breach any individual commercial agreements they may already have. Although all
players are expected to wear official Team England trousers supplied by adidas (unless a player has an
existing deal that prohibits this), all players are currently advised to wear unbranded trousers supplied
by the ECB unless TEPP informs you otherwise. The reason for this is that the ECB are in negotiations
with all manufacturers aiming to enable all players to wear official Team England trousers for all
England matches. Until a settlement agreement is signed between the manufactures and the ECB, all
players should continue to wear unbranded trousers unless TEPP informs you otherwise.
Image use guidelines for ECB approved hardware manufacturers with Individual Player Commercial
Agreements with Players
 Action imagery, from the field of play, of individual Players can be used in promotional materials
(provided that, if such imagery contains ECB IP (including the “three lions” logo), such imagery only
contains incidental (i.e. non-prominent) use of such ECB IP
 Any promotional creative executions can feature no more than 2 action images of individual Players –
no tampering of images permitted
 No staged or set-up imagery is permitted to be taken of a Player in England kit, or with use of ECB IP
(including the “three lions” logo, and the words “England Cricket team” or such similar designation)
for promotional materials
 Any staged imagery must be taken in non ECB branded/England Cricket team kit – i.e. unbranded, or
with hardware manufacturer branding
 Any promotional creative executions can feature no more than 2 England Players
5.4.6 Back of bat sponsorship
What Players can do
Under the terms of their England Contracts, Players as individuals are free to enter into Individual
Commercial Agreements for a sponsor to place their company logo on the back of a Player’s bat,
subject to the exclusivity restrictions details in 5.4.2 and 5.4.3 and subject to the following ICC terms:
 one logo appearing on the back of the bat
 the logo does not exceed 10 square inches with no single dimension smaller than 1 inch
 the logo does not appear in ICC events
What Agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
ICC Approval will be requested as part of this process and an agent shall be notified once such
approval has been granted, or alternatively withheld. Please ensure that a copy of the logo intended to
be used is attached to the original Individual Commercial Agreement approval request.
What Players cannot do
 Agree a sponsorship arrangement with a competitor of the host broadcaster or England Team
Sponsor or betting company
 The host broadcaster exclusions extend to any terrestrial broadcaster and any radio broadcaster.
These may not feature on a player’s back of bat
 Allow a bat logo of a competitor brand to a Series sponsor to feature during that competition
 Allow a bat logo to feature during an ICC event
 Three or more Players as a group must not endorse any direct competitors of the following England
Cricket Team partners/suppliers
 The agreement must not include a grant of rights to the Individual Player Commercial Partner to use
the Player in his capacity as an England Player (not in England Cricket team kit or clothing and
without any use of the “three lions” logo or the words “England Cricket Team” or such similar
designation)
5.4.7 Licensed Items
What Players can do
Under the terms of their England Contracts, Players as individuals are free to enter into Individual
Licensing Agreements with Individual Licensees, but this must not include a grant of rights to the
licensee to use the Player in his capacity as an England Player (not in England Cricket team kit or
clothing and without any use of the “three lions” logo or the words “England Cricket Team” or such
similar designation).
Players can use action imagery in England kit within an individually licensed book editorially and can
use an action image in England kit on the front cover of the book. Players must not allow use of any
player imagery in England kit (action or set-up) for marketing and promotions and must not use set-up
imagery in England kit on the front cover.
Players must adhere to the media guidelines outlined in 5.5.8 below
What Agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
Agents must send any image featuring their player in England kit for use on the front cover of a
publication to the ECB for approval
What Players cannot do
Players cannot use the ECB or England logo for any commercial gain in the area of licensing – i.e.
posters, photos, collectables. This is restricted only to the official ECB licensing programme which is
run in partnership with TEPP
Players must not use any player imagery in England kit (action or set-up) for use in any licensed item or
in any marketing or promotional activity related to the licensed item, with the exception of an action
image on the front cover of a player’s book, as outlined above.
5.4.8 Memorabilia
What Players can do
Players can sign non-England or non-ECB items for commercial gain as an individual. Players can sign
items using ECB IP (playing shirts or action imagery) for charitable donations and personal gifts but not
for commercial agreements.
What Agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
What Players cannot do
Players cannot sign any item bearing the England logo or any item of England kit for commercial gain;
this is restricted only to the official ECB licensing programme which is run in partnership with TEPP
5.4.9 Diary Content / Media Columns
What Players can do
Players can sign commercial agreements to provide diary content (written/video) as an individual – as
long as there is no breach to ICC anti-corruption regulations
What Agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1) - see the process set out in Section
5.7 under the heading “The Approval Process”).
A player's agent must submit any book/article/video in advance of publication to the England team
media manager. The team media manager will advise the player and/or agent on any content
which contravenes the best interests of the player or the England team. While the team media manager
can recommend editorial changes, the final responsibility for any editorial content will rest with the
player.
What Players cannot do
Players cannot be featured in England kit; no other players must feature in the video diaries; must not
be undertaken during on-duty time and no behind the scenes content
Players must not reveal confidential, privileged or sensitive commercial or cricketing information.
Players are responsible for all opinions expressed either directly or by any ghost writer. No public
comments must bring the ECB, the ICC or the Players into disrepute or be prejudicial to the interests of
the Team, the ECB, the ICC or the game of cricket in general.
As per the England contract, no Public Statement may be made by a Player:

in which any part, in action or language, constitutes a ‘personal attack’ upon any person who is
himself/herself subject to the jurisdiction of the ECB or who is a member of any other
international cricket Board or subject to its jurisdiction.
 which is prejudicial to the interests of the ECB, the ICC, or to the game of cricket in general
 which, without proper authority, discloses any matter which is confidential to the ECB or any of
its committees, or confidential to or prejudicial to the interests of a Player or the Team. This also
prevents unauthorised disclosure of injuries and Team tactics, and opinions on selection issues.
 which the Player knows, or should reasonably know, could prejudice or implicate a
fellow Player or opponent in disciplinary or legal proceedings.
 which the Player knows, or should reasonably know, will have the effect of
undermining the unity of the Team, or creating a distraction to the performance of any Player in
Matches.
 which breaches any “code of conduct” agreed by the Team for a particular tour or series, which
may, for example, specify times during which there is to be no media activity by the Players.
5.5
Carve Out Clauses
It is important for the following clauses to be inserted into all Individual Player Commercial Agreements,
to ensure that a Player does not breach his England Contract – be it a central contract, incremental
contract or match/tour contract. The first relates to the use of ECB IP, the second regarding player
imagery for ECB partners and the third will protect the Player for ICC events.
5.5.1 Carve-out clauses for inclusion in players’ individual commercial agreements with sponsors and
suppliers (other than suppliers of cricket equipment and cricket clothing) entered into during the
2013/2014 Contract Period
1.
2.
ECB IP
“(i)
The ECB is the owner of the ECB brand and has a legitimate and reasonable right to
protect and enhance the value of the ECB brand by controlling its use. As such, no third
party is entitled to use the intellectual property owned by the ECB without its prior written
consent. If [Sponsor] wishes to make any use, commercial or otherwise, of the
intellectual property owned by the ECB or associate itself with the England Cricket Team
in conjunction with, by reference to or otherwise in connection with [Player], which
without the ECB’s consent would be unlawful, [Sponsor] undertakes to obtain the prior
written consent of the ECB before making such use of the ECB’s intellectual property.
(ii)
Clause [(i)] above confers a benefit on the ECB and is intended by [Sponsor] and
[Player] to be enforceable by the ECB by virtue of the Contracts (Rights of Third Parties)
Act 1999 and the consent of the ECB shall be required for any variation of clause [(i)].
(iii)
[Sponsor] and [Player] do not intend that any term of this agreement apart from clause
[(i)] should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999,
by any person who is not a party to this agreement.”
Group Images
“Nothing herein shall constitute [Sponsor’s] right to prevent or prohibit [Player] from appearing in
a group image for the promotion of the ECB or any of the broadcasters, sponsors and/or
suppliers and licensees to whom the ECB is from time to time contracted (and for these
purposes a “group image” shall mean an image in whatever form or media which features
[Player] and at least two other England players each player and [Player] having reasonably
equal prominence)”
3.
ICC tournaments
“[Sponsor] acknowledges that if [Player] is selected to play for England during the [Term] he
may participate in certain international cricket tournaments arranged by or under the auspices of
the International Cricket Council (“ICC”), ICC Development (International) Limited (“IDI”) or any
other body governing international cricket (“International Tournaments”) and further
acknowledges that such International Tournaments may be sponsored by third parties whose
products and/or services conflict with those of [Sponsor] and that to enable [Player] to
participate in such International Tournaments [Player] may be required to sign a participation
agreement which, inter alia, may include provisions restricting the advertising or endorsement of
[Sponsor’s] [trade marks/logo/product/services] by [Player] for a certain period before and during
the relevant International Tournament (the “Protected Period”).
[Sponsor] warrants that:
(i)
[Player] shall be relieved of any and all of his obligations under this Agreement if and to
the extent that he is unable to perform them adequately by reason of any Protected
Period; and
(ii)
it shall not seek to exercise any of its [Sponsorship Rights or other defined term] during
any Protected Period during the Term.”
[Note to players and their agents: In relation to carve-out clause 3 above, the options that a
player/his agent might want to consider when negotiating with a Sponsor are whether the Term
of any sponsorship contract should be extended by the length of cumulative Protected Periods
during the Term of that contract, or whether there should be a deduction from any fee paid by
the Sponsor to the player pro rata for cumulative Protected Periods (maybe to take effect after
[30] days have accumulated). Obviously these should not be offered immediately and need only
be considered if requested by the Sponsor.]
5.5.2 Carve out Clauses – for agreements with suppliers or cricket kit, clothing and equipment
Each Player must insert the following provisions into any Individual Commercial Agreement which it
enters into with any supplier of cricket kit, clothing and equipment:
(i)
“The England and Wales Cricket Board Limited (“ECB”) is the owner of the ECB brand and has
a legitimate and reasonable right to protect and enhance the value of the ECB brand by
controlling its use. As such, no third party is entitled to use the intellectual property owned by
the ECB without its prior written consent. If [Hardware Manufacturer] wishes to make any use,
commercial or otherwise, of the intellectual property owned by the ECB or associate itself with
the England Cricket Team, in conjunction with, by reference to or otherwise in connection with
[Player] which without the ECB’s consent would be unlawful. [Hardware Manufacturer]
undertakes to obtain the prior written consent of the ECB before making such use of the ECB’s
intellectual property.”
(ii)
“Clause (i) above confers a benefit on the ECB and is intended by [Hardware Manufacturer] and
[Player] to be enforceable by the ECB by virtue of the Contracts (Rights of Third Parties) Act
1999 and the consent of the ECB shall be required for any variation of clause (i).”
(iii)
“[Hardware Manufacturer] and [Player] do not intend that any term of this Agreement apart from
clause (i) should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by
any person who is not a party to this Agreement.”
(iv)
“[Hardware Manufacturer] acknowledges that if [Player] is selected to play for England at any
level (including but not limited to the England First Team, the England “A” team, the National
Academy team and any England age-group team) then during all matches in which he is
representing England (including training and practice sessions for such matches) [Player] may
be required to wear cricket trousers which are not branded in the name of the [Hardware
Manufacturer] and which are produced by and branded in the name of a third party. The
[Hardware Manufacturer] warrants that [Player] shall be relieved of his obligation to wear
[Hardware Manufacturer] branded cricket trousers during all such matches in which he is
representing England (together with all the training and practice sessions for such matches) if
and to the extent that [Player] is unable to perform such an obligation by reason of [Player]’s
playing and/or employment contract with the ECB.”
(v)
“Nothing herein shall constitute [Hardware Manufacturer’s] right to prevent or prohibit [Player]
from appearing in a group image for the promotion of the ECB or any of its commercial partners
(and for these purposes a “group image” shall mean an image in whatever form or media which
features [Player] and at least two other England players each such England player having
reasonably equal prominence)”.
(vi)
“[Hardware Manufacturer] acknowledges that if [Player] is selected to play for England during
the [Term] he may participate in certain international cricket tournaments arranged by or under
the auspices of the International Cricket Council (“ICC”), ICC Development (International)
Limited (“IDI”) or any other body governing international cricket (“International Tournaments”)
and further acknowledges that such International Tournaments may be sponsored by third
parties whose products and/or services conflict with those of [Hardware Manufacturer] and that
to enable [Player] to participate in such International Tournaments [Player] may be required to
sign a participation agreement which, inter alia, may include provisions restricting the advertising
or endorsement of [Hardware Manufacturer’s] [trade marks/logo/product/services] by [Player] for
a certain period before and during the relevant International Tournament (the “Protected
Period”).
[Hardware Manufacturer] warrants that:
(vii)
(i)
[Player] shall be relieved of any and all of his obligations under this Agreement if
and to the extent that he is unable to perform them adequately by reason of any
Protected Period; and
(ii)
it shall not seek to exercise any of its [Sponsorship Rights or other defined term]
during any Protected Period during the Term.”
“Without prejudice to the provisions of clause (vi) above, [Hardware Manufacturer] shall comply
with the terms of the regulations regarding Advertising on Cricket Clothing and Equipment in
International Cricket in the ICC Code as such code may be amended by the ICC, the IDI or any
other body governing international cricket.”
5.6 Individual Commercial Partners: Player Personal Appearances And Image Use Guidelines
5.6.1
For Individual Player Commercial Partners
What players can and cannot do




Player appearance must not take place in England Cricket team kit or clothing
There must be no reference to the Player as an England cricketer
An appearance must not be undertaken during an On-Duty period
Press releases or media articles resulting from a previous appearance, undertaken in conjunction
with a sponsor who is a competitor of an ECB Commercial Partner, must not be released during onduty time
 No more than two Players can feature in any imagery associated with the appearance
 It is recommended that the ECB Communications team are consulted prior to any media interviews in
order for the Player to be briefed on any controversial and/or topical England/world cricket issues
5.6.2
Image use guidelines for Individual Player Commercial Partners
What Players can and cannot do
 Images can be taken in unbranded clothing or Individual Player Commercial Partner branded clothing
 No images of Players in England Cricket team kit or clothing can be utilised – in either set-up or
action shots
 There must be no reference to the Player as an England cricketer or member of the England Cricket
team
 No more than two Players can feature in an endorsement or advertising feature
 There must be no use of any ECB IP – including ECB logos (including the “three lions” logo) and
ECB designations (including “England Cricket team”, “Ashes” or such similar designation)
5.7
The Approval Process For Individual Commercial Agreements
What agents must do
All agents must send through an Individual Commercial Agreement approval form to Emma Barnes in
relation to each proposed Individual Commercial Agreement, prior to their Player entering into such
Individual Commercial Agreements (form attached in Appendix 1).
This must outline all commercial rights being proposed to be granted to the relevant Individual Player
Commercial Partner.
The ECB shall have 7 days in which to review the terms of such Individual Commercial Agreement and
give or withhold its consent (as applicable) to the Player entering into such Individual Commercial
Agreement.
This process is intended to avoid commercial conflicts with ECB, ECB Commercial Partners and the
ICC.
By informing the ECB/PCA of any new Individual Commercial Agreement, if any new ECB Commercial
Partner deals are subsequently signed by the ECB, Players with competing deals can be referenced in
the relevant ECB deal and therefore protect the Player from breaching the terms of his Individual Player
Commercial Agreement.
The ICC will notify ECB and TEPP (through FICA) of all existing and new sponsors for ICC events
including without limitation the ICC Cricket World Cup, the ICC Champions Trophy and the ICC World
Twenty20. The ICC will directly through the Squad Terms and indirectly through obligations imposed
on ECB under the Members Participation Agreement, impose certain restrictions and obligations on the
Player in relation to such ICC events.
Any ICC approval needed, i.e. for back of bat sponsorship, will be requested as part of this process and
an agent shall be notified once such approval has been granted, or alternatively withheld. Please
ensure that a copy of the logo intended to be used is attached to the original Individual Commercial
Agreement approval request.
5.8
ICC Events and ICC Commercial Partners
There are number of rules and regulations regarding a Player’s right to carry out commercial activity
around and during ICC events. As part of the ICC Squad terms which a Player must agree to in order
to participate for the England Cricket team in ICC events, the following rights and restrictions need to
be recognised by Players and their agents. Additionally, the relevant carve-out clauses (set out in
Appendix 2) should be inserted into all Individual Commercial Agreements to ensure that a Player does
not breach any contracts when playing in ICC events:
What Players can do
 Players participating in ICC events may appear in any advertising or endorsement (or other
commercial activity) in their generic ‘cricket whites’ or in any other casual, formal or leisure wear,
provided that:
- They are not appearing in the national colours of the England Cricket team (i.e. the current kit
colours of the England Cricket ODI and T20 teams); and
- There is no implied direct association with the ICC event or any use of the ICC or the event
marks/logos.
What Players cannot do (without the ICC’s prior approval)
 At all times Players may not allow their name, likeness, image or any other individual characteristic to
be used by any Individual Player Commercial Partner in any advertising or endorsement (or for any
other commercial purpose) in such a way that gives rise to a direct or implied association with the
ICC event;
 During the period of 7 days prior the first match of the Event and the
departure date of the Team, Squad Members may not allow their name, likeness or image to be
used by any third party in any advertising or endorsement (or for any other commercial purpose)
wearing Team Kit, Team Uniform or Practice Kit (or any other clothing confusingly similar
thereto).
 Players may not display the branding, marks or insignia of any third party (apart from an approved kit
manufacturer, ECB team sponsor or ECB team logo) while on the field of play. THIS INCLUDES THE
BACK-OF-BAT LOGO
What happens if Squad Members breach the Squad Terms concerning
Endorsements and Advertisements around the Event?
Any Squad Member that knowingly or unknowingly breaches the Squad Terms may
face sanctions ranging from financial penalties through to being excluded from
continued participation in the Event.
General responsibilities
Please note that in order to protect the rights of ICC and its commercial partners, the
Squad Members also bear a general responsibility to:

not take part in or assist any other party to undertake activities which amount to Ambush
Marketing in relation to the Event;

co-operate with ICC and its commercial partners to avoid conflicts of interest
between the ICC and its Commercial Rights and Squad Member’s interests;

upon becoming aware of any conflict arising, take all steps reasonably necessary to avoid or
alleviate the conflict.
ICC Member Obligations
Finally, participating ICC Members are asked to note that under Clause 1.5 and
Schedule 4, Paragraph 2 of the Members’ Participation Agreement, Members are obliged to procure
that their Squad Members comply with the above restrictions.
Please assist ICC in ensuring that we comply with our continuing obligations.
ICC Event Commercial Partners
ICC Event Commercial Partner
Category Sector
ESPN Star Sports
Broadcast
Reliance Communications
Mobile and fixed line telecommunications
LG Electronics
All electronic devices: mobile handsets,
laptops, TV’s, etc
Pepsi
All non-alcoholic drinks, snack-foods, cereals,
quick service restaurants
Emirates
Passenger and freight airline services
Yahoo
Internet search and other services
Castrol
Oil based products including petrol, tyres and
engine parts
MoneyGram International
International money transfer services
Hyundai
Four wheel motorised vehicles
6. PLAYER INVOLVEMENT WITH BETTING COMPANIES
The PCA advice to all players is that during your playing career you should not be associated
with any sports betting or gambling companies at all. If however you choose to have a
relationship with a betting company then please seek advice from the PCA in advance of
agreeing any aspect of a deal.
Recently, players have increasingly been approached by betting and gaming companies with
sponsorship offers of various kinds. There is nothing inherently wrong with this, but cricket’s
unfortunate recent history with corrupt gambling activity makes any activity in this area particularly
sensitive.
We would ask that you give very careful thought to any relationship with a betting company in the
current climate. The existing rules about commercial deals still apply, but, in addition, the rules and
advice below are provided in case you want to agree to a deal.
Betting Companies
1. Regulated (Licensed) Betting Companies: These are the bookmakers, casino, poker sites and
betting exchanges that we are all familiar with from William Hill to 888Poker. They are licensed
and regulated by the Gambling Commission and comply with the plethora of rules that ensure
they stay within the law. All of those that offer bets on sport have entered agreements with the
ECB to exchange information on cricket betting to try and ensure that corruption is minimised.
2. Unregulated betting concerns: This is every other company, bookie and internet site out there.
The Rules
1. Under no circumstances may you deal with an unregulated betting concern in any way.
2. You may not bet on cricket or offer facilities for betting on cricket.
3. It follows that you should not directly or indirectly encourage people to bet on cricket.
4. You may only deal with Regulated Betting Companies.
5. You may not appear in any media advertising or endorsing a Betting Company.
6. You may not display a betting company logo on any cricket equipment or clothing.
The Advice
1. Do not be associated with sports betting at all.
2. Seek advice from Ian Smith in advance of agreeing any aspect of a deal.
7. FEDERATION OF INTERNATIONAL CRICKETERS ASSOCIATION (FICA)
Background
FICA is the collective voice of International Players Associations and International Players to the
International Cricket Council.
FICA’s collective opinion is communicated to the ICC, with individual Player Associations responsible
for dealing with matters that are specific to that region, including player payments.
FICA is charged with the responsibility of representing player opinion on matters that are common
across all or the majority of countries.
Typically these issues involve protecting player rights in the following areas:
Commercial / Industrial









Player Terms for ICC Events
Player Insurance for ICC Events
ICC revenue initiatives utilising Player Attributes – ICC Computer Games and other licensing
initiatives
ICC decisions that affect / enhance earning capacity of players (e.g. Advertising Regulations on
Cricket Equipment etc, Bat Logos)
ICC generated Standard Player Contract Clauses
ICC Event Prize money – Quantum and Timing of Payments
Dispute Resolution
Eligibility Rules
Privacy Issues
Cricket-Related




ICC Programming and Competition Format
ICC Future Tour Program
“One off “ Competitions
General Volume of Cricket Issues



Rules and Regulations – Cricket Committee matter
ICC Policies
Construction and Maintenance of:
o Anti Doping Policies
o Anti-Corruption Codes
o Code of Conduct
o Racial and Religious Vilification
o Suspect Bowling Actions
Other Issues



Implementation / Maintenance of Minimum Safety Guidelines for International Venues
Venue safety and security inspections for ICC Events
Joint Charity and Benefactor Initiatives
Once agreement has been made on any of the above matters, FICA continues to act as a watchdog to
ensure that ICC and its member countries comply with the agreements made.
Governance
FICA is governed by a Board which sets policy and direction for the Association.
The Board comprises one member from each of its Members (Player Associations).
The FICA Board presently meets twice per annum.
FICA is run on a day to day basis by its Chief Operating Officer, Ian Smith, who is presently based in
the UK.
All information and contact details can be found at www.thefica.com
Appendix 1
Individual Commercial Agreement Approval Form
Individual Player Personal Sponsorship Agreement – Approval Form
Once completed, please forward to PCA Head of Team England Commercial Partnerships, Emma Barnes
([email protected]) for approval prior to signing any individual player personal sponsorship agreement
Details
Comments and Approval
(ECB/PCA)
Yes / No
These must be included to
protect all England players in the
event of competing contracts
Player Name
Player’s Agent
Agent Contact Email
Agent Contact Phone Number
Company/Brand to be Promoted
Product/Service Category Sector
Start Date
Term
End Date
Category Exclusive
Summary of Player Rights –
Appearances
Summary of Player Rights –
Image Use
Summary of Player Rights –
Other
Carve Out Clauses Included
This personal sponsorship deal has been approved on the basis that:
COMMENTS (to be added by ECB/PCA)
Approved by:
_______________________________
John Perera (ECB Commercial Director)
_______________________________
Johnny Grave (PCA Commercial Director)
Appendix 2
Competing companies to ECB Exclusive Partners
Waitrose Competitors
Asda/ Walmart
Aldi
Lidl
Marks & Spencer
Morrisons
Sainsbury's
Tesco
Investec Competitors
Aberdeen Asset Management
ABN Amro
Artemis
AXA Framlington
Babson
Bank of America Merrill Lynch
Barclays
Blackrock
BNP Paribas
Brewin Dolphin
Brown Shipley
Cater Allen
Cazenove
Citigroup
Close Brothers
Collins Stewart
Coutts
Credit Suisse
Deutsche Bank
Dresdner
F&C
Fidelity
Gartmore
Goldman Sachs
Henderson
HSBC
Invesco Perpetual
JP Morgan
Jupiter
Kaupthing
Lazard
Lloyds Banking Group
M&G
Macquarie Group
Merrill Lynch
Morgan Stanley
New Star
Numis Securities
Old Mutual
Quilter
Rathbones
Rothschild
Royal Bank of Scotland
Santander
Schroders
Standard Bank
Standard Chartered Bank
Threadneedele
UBS
Vanguard
Royal London Competitors
Aegon
Ageas
Aviva
Axa
Blackrock
Fidelity
Friends Life
Hargreaves Lansdown
Invesco
Legal & General
LV=
Pru Protect
Prudential
Schroders
Scottish Widows
Skandia Life
Standard Life
Sun Life Direct
Threadneedle
Zurich
Natwest Competitors
Bank of Scotland
Barclays
Clydesdale Bank
first direct
Halifax
HSBC
Lloyds Banking Group
Metro Bank
Nationwide Building Society
Santander
The Co-operative Bank
Virgin Money
Yorkshire Bank