Policy for Online Distribution and Marketing of MLB-Licensed Products
Amended and Restated 07.08.20MLB Licensed Product Sales Limitations: Licensees may not, directly or indirectly, sell any consumer products* licensed by MLB Advanced Media, L.P. (¡°MLB¡±) (as agent for BOC, Major League Baseball Properties, Inc. and the Clubs pursuant to the Major League Baseball Agency Agreement) (¡°MLB Licensed Products¡±) to retailers for online sales, except to websites owned by those retailers identified below (¡°Approved Online Retailers¡±) or retailers otherwise approved in writing by MLB¡¯s Senior Vice President of Consumer Products.
- Approved Online Retailers: Approved Online Retailers include (i) MLB¡¯s consumer product licensees with U.S. distribution rights, and (ii) the entities listed at the following hyperlink: /official-information/mlb-online-retailer#approved (¡°Approved Online Retailers List¡±). The Approved Online Retailers List shall be updated from time to time at MLB¡¯s sole discretion.
- Criteria for Becoming an Approved Online Retailer. As noted above, MLB may, in its sole discretion, approve additional retailers to sell products online. MLB may consider, among other things, the following criteria when reviewing requests to approve proposed websites, which criteria may be considered individually or taken together as a whole, as determined by MLB:
(A) Whether the applicable retailer generates more than 25% of its overall revenue from physical sales at brick and mortar stores operated under names or trademarks owned or controlled by such retailer.
(B) Whether, in the previous calendar year, the proposed retailer sold $2 million or more in MLB Licensed Products.
(C) Whether the proposed website includes state of the art technology, appropriate privacy policies and customer service protections.
(D) The breadth of the selection of products offered on the proposed website.
(E) The return policies and customer service support made available by the proposed website.
(F) Whether each MLB Licensed Product bearing a particular MLB Club¡¯s name, mark or logo or other MLB mark and sold online by the applicable retailer is offered for sale in all of such retailer¡¯s brick and mortar stores in such MLB Club¡¯s local market.
(G) Whether the applicable retailer has ever used in violation of applicable law (i) photographs or footage from MLB games or events or (ii) MLB-owned or controlled names, logos, or other trademarks (collectively, ¡°MLB Trademarks¡±) on its website(s) without authorization from MLB.
(H) Whether the applicable retailer has knowingly or intentionally sold, is selling, or is promoting (in each case, in a material fashion) any counterfeit products, products that MLB believes infringe upon MLB¡¯s owned or controlled rights, or products that MLB believes are designed to ambush the rights it owns or controls.
- Restrictions on Use of MLB Trademarks and Other MLB Content. Retailers may not do the following, unless otherwise approved in writing by MLB:
?(A) Except as set forth in the next sentence, use any MLB-owned or controlled names, logos or other trademarks (collectively, ¡°MLB Trademarks¡±) on their websites. Provided they otherwise comply with MLB¡¯s policies and applicable law, retailers may show MLB Licensed Products they offer for sale;
(B) Use photographs or footage from MLB games or events on or in connection with their websites;
(C) Purchase, bid or participate in auctions on any Internet search engines (including, but not limited to, Alibaba, Amazon, Bing, eBay, Facebook, Google, Twitter or Yahoo!) for any terms or variations of terms that include any MLB Trademarks or any terms that refer to MLB Licensed Products; or
(D) Display advertisements, including, but not limited to, product listing advertisements or Third Party Marketplace advertisements (as defined below) using MLB Trademarks, any terms that refer to MLB Licensed Products or otherwise relating to MLB or the MLB Clubs.
- ?Restrictions on Retailer¡¯s Sales: Retailers who sell MLB Licensed Products online are not authorized to sell such products under any Third Party Marketplaces, Internet buying sites (e.g., buy.com or ebay.com) or Internet aggregation sites (e.g., Yahoo! or aol.com). Licensees shall ensure that any retailer to whom they sell MLB Licensed Products sells such products online (i) in accordance with MLB¡¯s policies, and (ii) only via websites that are not marketed under any third party¡¯s brand and that are owned or controlled by such retailer.
- Third Party Marketplaces Definition: For purposes of this policy, ¡°Third Party Marketplaces¡± include third party storefronts and other sites that allow multiple third party sellers to sell merchandise directly to the public and for which the shopping cart and checkout process occurs directly on such site (e.g., Alibaba, Amazon Marketplace, eBay, Rakuten, Sears Marketplace and Walmart Marketplace).
- Counterfeits/Infringements/Ambush Marketing: Licensees are prohibited from selling to any retailer or other entity that MLB believes has sold, is selling or is promoting any counterfeit products, products that MLB believes infringe upon MLB¡¯s owned or controlled rights or products that MLB believes are designed to ambush the rights it owns or controls.
- Information Collection and Audit Rights: Each licensee shall require that anyone to whom it sells or otherwise distributes the MLB Licensed Products (excluding MLB Indemnitees and individual consumers) (hereinafter, ¡°Commercial Purchaser¡±) will not, directly or indirectly, sell to, transship, barter, otherwise exchange or deliver any MLB Licensed Product to any person or entity other than the end consumer (i.e., the final purchaser), without the prior express written authorization of MLB¡¯s Senior Vice President of Consumer Products. Each licensee shall require each Commercial Purchaser to keep, maintain and preserve in its principal place of business for at least two (2) years following the termination or expiration of its license agreement or any renewal thereof (¡°Retailer Books and Records Period¡±), complete and accurate records and accounts covering all transactions relating to such sales and distribution of MLB Licensed Products. Such records and accounts must include, without limitation, sales contracts, purchase orders, invoices, correspondence and banking, financial, shipping, delivery and other records in its possession or control, and may exclude information such purchaser is prohibited from retaining under applicable law and, unless otherwise requested in writing by MLB (which request shall be subject to an agreement concerning the sharing, storage, and usage thereof), personally identifiable information or similar sensitive data concerning any individual (¡°PII¡±). The purchaser of such MLB Licensed Products shall have the right to redact pricing information and confidential information that is wholly unrelated to the sale or distribution of MLB Licensed Products; provided, however, that, unless required by applicable law or otherwise pertaining to PII, such purchaser may not redact any information identifying the recipients of the MLB Licensed Products and the quantities of products sold or otherwise distributed.
- For the benefit of licensees and MLB, licensees shall reserve the right to audit, examine and copy such records (whether kept in written, electronic, or other form) at the applicable entity¡¯s principal place of business at any time or times during the Retailer Books and Records Period during business hours and upon notice of five (5) calendar days by licensees or their representatives. Licensees shall have such inspection and audit right to inspect with 24 hours written notice based on its reasonable concerns regarding infringement of MLB Licensed Product and/or unauthorized/violative distribution of MLB Licensed Products. No one shall cause or permit any interference with licensees or their representative in their performance of their duties of inspections and audit. Although licensees shall have the exclusive right to request and conduct such an audit, licensees shall promptly exercise such right upon a reasonable request by MLB, as third-party beneficiary of such right, to do so.
- Ceasing Shipments to Retailers in Breach: Licensees who are notified by MLB that retailers are selling MLB Licensed Products in a manner prohibited by this policy shall cease shipments of such products to those retailers within five (5) days of receiving MLB¡¯s notice, unless otherwise directed in writing by MLB.
- Reservation of Rights: MLB reserves the right to amend this policy in its sole discretion without prior notice in any manner and at any time. Accordingly, MLB may prohibit a retailer from selling online any MLB Licensed Products if MLB determines that allowing such sales would be detrimental to MLB¡¯s brand image (e.g., if the e-commerce site is selling counterfeit product or displaying MLB products in a manner that reflects poorly upon MLB or the brands it owns or controls). MLB may also, in its discretion, prohibit all sales (whether online or offline) of MLB Licensed Products to retailers who fail to comply with this policy in any manner.
* For clarity and avoidance of doubt, the consumer products referenced herein shall not include any online activated goods or digital products (e.g. applications, streaming products).
Approved Online Retailers List
Last updated 12/17/2024- 1375 Broadway Gifts LLC
- 19JerseyStreet.com
- Abt Electronics Inc.
- Academy Sports + Outdoors
- Albertsons LLC
- All Seasons Outfitters
- Aloha Shirt Shop
- American Eagle Outfitters
- American Gaming Supply, Inc.
- Arch Apparel
- Aritzia
- Army Air force Exchange Services
- Arnold's Billiard Supply
- Ashley Stewart
- Athlete's Foot (The)
- AV Depot (The)
- Babe Ruth League, Inc.
- Babies R Us
- Bay Republic (The) (Operated by Rank & Rally)
- Bed Bath and Beyond
- Belk Stores
- Bella Grace, LLC
- Bespoke Cut and Sew, LLC
- Best Buy
- Beyond the Ordinary Inc.
- Big 5 Sporting Goods Corp
- Billiard Exchange Inc., DBA PoolDawg.com
- BJs Wholesale Club
- Bloomingdales
- Bob's Stores
- Bon-Ton Department Stores, Inc.
- Boscov's Department Store
- Buckle
- Burlington Coat Factory
- Calendar Holdings LLC
- California Sport Design
- Cannon Sports, Inc
- Cap City Online
- Caps Unlimited One, Inc.
- Capusanyc.com
- Captain's Landing
- Caroll's Cove, LLC
- CBS Sports
- CCI, LLC
- Cecil Sports, DBA Grandstand LTD
- Celebrate The Season
- Century 21 Department Store
- Champs Sports
- Char Crews
- Chicago Sports & Novelty, Inc.
- CincyShops & Embroidery
- Clark Street Sports
- Complex
- Cooperstown Baseball Group
- Costco Wholesale Corporation
- Crafted
- Crystal Art Imports, Inc.
- CueSight
- Culture Kings
- Custom Spirit, Inc. (stldugoutstore)
- D&J Variety Store
- Daily Gromment Inc.
- Dan Dann Associates Inc., Bleachers
- Dennys Fashion Style For All
- Destination Maternity Corporation
- Detroit Athletic Co
- Dicks Sporting Goods
- Dillards Department Stores
- Diverse Spectrum, Inc. DBA Billion Creation
- Division West, LLC
- Doggienation Inc.
- Dome Peace
- Don Rooten Enterprises Inc.
- DTLR, Inc.
- DTV Inc.
- Dunhams Athleisure Corp (Dunhams Sports)
- Eastbay
- Eight One
- ESCO Shoe City
- Esses Distributing Company LLC
- Fan Favorites Corporation
- Fan Shop at jcp
- Fanatics
- Fansedge
- FCS Sneakers
- Finish Line Inc.
- Fire House Neon Signs
- Floor Covering Associates
- Foot Locker
- Fox Sports
- Foxtrot Ventures
- Fusionist LLC
- G. Blando Jewelry Inc.
- Gap
- Goedeker Television Company
- GoinProSports.com
- Golf Warehouse Inc. DBA baseballsavings.com
- Gordman's Stores, Inc.
- Grand Slam New York, LLC
- Half Time, Cap City, Inc.
- Hat Club LLC
- Hatland.com
- Heads N Threadz (Mayur Enterprises)
- Heartland Flagpoles & Custom Flags
- "Herb" Philipson's Army & Navy Stores
- Herkyland
- Hibbett Sports, Inc.
- HomeBello
- Home Shopping Network
- Hudson News
- HY-VEE Inc
- Island In The Sun LLC
- Ivyshop.com (operated by Rank & Rally)
- J&M Golf Inc.
- Jackie Robinson Museum
- Jako Enterprises
- Johnny Mac's Sporting Goods
- JT Clark Co. LLC
- Kats Hardware, Inc.
- K-Momo
- Kmart/Sears Holdings
- Kohl's
- Kozee's Emporium
- Kroger/Fred Meyer Inc
- Krystyna's Jewlery, Inc.
- Laux Sporting Goods Inc.
- Legends
- Lids
- Lowes
- MadHappy
- Maple Hill
- Margolin Shoes, Inc.
- Marmaxx Group / Marshalls / TJ Maxx
- Meanwhile Back in Queens
- Meijer Inc
- Metro Shoe Warehouse
- Mickey's Place
- Mills Fleet Farm
- MLB and MLB Teams
- Modells Sporting Goods
- Museum of Modern Art
- My Shirts Corporation
- National Baseball Hall of Fame and Museum
- National Bobblehead Hall of Fame and Museum
- NBC Sports
- New Millennium Gift & Brooklyn Cap
- Noor Clothing
- Number21Sports, LLC
- NYCSOLE
- Old Navy
- Olympia Sports
- Omaha Flag Company, Inc.
- OneStopFanShop, Inc.
- Pacific Sunwear of California, Inc.
- Paradies Shops Inc
- Paragon Athletic Goods CO LLC
- Party City
- Patch Collection LLC
- Pevdev, DBA Capsule Hats/Laced Up
- PinStripe Collectibles
- Potpourri Group
- Premier Sports Marketing Inc. /Player Exclusive
- Pro Image Franchise LLC DBA Pro Image Sports
- Pro Jersey Sports
- PS38 LLC
- Publix Super Markets
- Rally House
- Rank & Rally
- RattleRepublic.com (Operated by Rank & Rally)
- Recroomstore.com
- Ross Stores Inc
- Roster
- Rozel Jewelers Inc.
- Safeway
- Sams Wholesale Club
- San Jose Custom MFG (Jewelers)
- Scheels All Sports Inc
- Seattle Sport NW Inc.; onthefield.com
- Seventh Avenue, Inc.
- Shop Mo Sports, LLC
- Shopko Stores Inc.
- Sinbad Sports
- Sport Seasons
- Sporting Edge
- Sporting Up, Inc
- Sports Diamond
- Sports Unlimited
- Sports Distributors, Inc. dba Sports World Chicago
- Sports Fans Depot DBA Zappysales
- Sports Mania, Inc.
- Sports Outlet Express
- Sports Shoe LLC./ Sneaker Town USA
- Sports Unlimited
- Sports Venture Inc.
- SportsKids LLC
- State Street Products
- Storage Post
- Takout NY
- Target Corporation
- Things Remembered
- Threads for Heads
- Tieguys.com, Inc.
- Tilly's Inc.
- Todd Snyder (Tailgate Co.)
- Topperzstore
- UEP Inc. dba Flagline.com
- Uline
- Universal Direct Fulfillment Corp.
- Upstreamers LLC
- Utah Jazz Retail, Inc. (Fanzz)
- Village Hat Shop
- Vintage Sports Closet LLC
- Von Maur, Inc.
- Walmart
- Wayfair, LLC
- Whiffs, Inc. (ornamentshop.com)
- Williams Sports Enterprises, Inc.
- Winchester Carpet & Rug
- Wriggleyville Sports
- Yahoo Sports