OFFICIAL ATP ADDENDUM
(Version 02 December 2024)
This Official ATP Addendum (“Addendum”) is entered into by and between the Parties and governs Sportradar’s provision of official data and audiovisual streaming content from ATP and licensed by Customer (hereinafter also referred to as “Licensee”) in the Agreement (hereinafter also referred to as “Licensed Materials”). Sportradar has entered into a separate agreement with Tennis Data Innovations UK Ltd (“TDI”), a corporation which has the right to license the Official ATP Data and audiovisual streaming content for commercial exploitation. This Addendum is incorporated into by reference, is governed by, and forms an integral part of the Agreement between the Parties. To the extent a conflict arises between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail. This Addendum shall run conterminously with the Agreement.
Definitions:
– “ATP Rules” means the ATP rules in force from time to time, which are available on the Commencement Date at http://www.atpworldtour.com/Corporate/Rulebook.aspx, including, but not limited to, the Tennis Anti-Corruption Program as set forth in such rules;
– “Intellectual Property Rights” means all patents, utility or working models, trademarks and service marks, trade or business names and logos, unfair competition rights, copyright, rights in designs, rights in data and databases, rights to sue for passing off, rights in get up, domain names, and all other intellectual property or similar rights including but not limited to those subsisting in inventions, broadcasts, films and audio visual material, drawings, performances, computer software, semiconductor topographies, rights to protect the confidentiality of confidential information (including know-how and trade secrets), goodwill and the style of presentation of goods or services, in each case whether registered or unregistered, and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
– “Match” means an individual ATP match held as part of a tournament in respect of which TDI has the right, or over the Term acquires the right, to provide the TDI Official Data and/or audiovisual streaming content;
– “TDI Official Data” shall mean the data, information and other content (in whatever form) relating to the Matches (including Match related data points collected by the umpire of each respective Match through a dedicated scoring system, such as: player(s), start and finish time, sets, games, breaks, points, tiebreaks and right of services/ball changes);
– “Live Data – ATP ” shall mean Live Data containing TDI Official Data;
– “Live Odds – ATP” shall mean Live Odds based on TDI Official Data.
1. For all Licensees, the following terms and conditions shall apply:
Warranties
1.1. The Licensee represents, warrants and undertakes that:
1.1.1. It shall ensure that its use and exploitation, transmission, distribution and display of the Licensed Materials is in compliance with the ATP Rules;
1.1.2. it shall promptly notify Sportradar in writing if it becomes (or is likely to become) the subject of a regulatory investigation or it loses or has suspended (or is likely to lose or have suspended) any Regulatory Licence;
1.1.3. it shall not commit, omit or permit any act that is likely to or does: (i) harm the reputation, goodwill and/or financial position of TDI or, in relation to each contractual Match , the governing body, tournament, tournament organiser or other organisation that owns and controls the audio-visual rights to the Match (“Match Rights Holder”); (ii) harm the reputation, goodwill or public image of a Tournament or any tournament owners, management, administration, organisers, volunteers or players; (iii) bring TDI or any TDI affiliate into disrepute or make any defamatory or derogatory statements which are derogatory or detrimental to the name, image and/or reputation of TDI, any TDI affiliate, any tournament, or any Match Rights Holder; or (iv) undermine or prejudice the integrity of the game of tennis, TDI, any TDI affiliate, any Match Rights Holder and/or any tournament;
1.1.4. it has not and shall not do, omit to do, or authorise, any act which will undermine, determine or infringe any of TDI’s Intellectual Property Rights; and
1.1.5. wherever technically and commercially practicable it shall ensure that whenever it reproduces the Licensed Materials it shall include any copyright notice that may reasonably be required by TDI from time to time during the Term.
TENNIS INTEGRITY
1.2. The Licensee shall:
1.2.1. sign and comply with the terms of the International Tennis Integrity Agency (ITIA) Data Sharing Agreement including the prohibition of certain bets and activities that the ITIA believes are detrimental to the integrity of the sport of tennis;
1.2.2. upon request, provide reasonable information and co-operation to the ITIA in any investigation;
1.2.3. immediately report to and provide Sportradar and TDI with all evidence and data of, any suspicious or irregular betting patterns relating to the Licensed Materials or Matches and assist Sportradar, TDI and the relevant Match Rights Holder to target and combat any suspicion of match-fixing or spot-fixing;
1.2.4. retain data/evidence relating to any suspicious betting pattern for a period of at least 24 months;
1.2.5. upon request, provide Sportradar and TDI with a copy of its real time odds feed in respect of the data feeds for assistance with integrity and monitoring purposes, in a manner and a format to be agreed between the parties;
1.2.6. ensure that the Licensee’s privacy policy and terms and conditions of use permit disclosure of relevant integrity evidence to the ITIA and TDI;
1.2.7. not provide any notification, data or other information relating to the Matches (including without limitation for integrity or monitoring purposes to any individual or organisation other than Sportradar, TDI, and the ITIA, without written information of Sportradar or TDI, except to the extent required by Applicable law or gambling regulation to which Licensee is subject; and
1.2.8. if TDI is required by the ITIA, the Tennis Independent Review Panel on Integrity, a governmental agency or other similar body, to cause the Licensee to adjust its practices in relation to the exploitation of the rights granted hereunder:
INTELLECTUAL PROPERTY RIGHTS
1.3. The Licensee agrees that all existing and/or future Intellectual Property Rights and goodwill in and to the Licensed Materials belongs and shall (as between TDI and the Licensee) continue to belong to TDI (or its licensors) absolutely and that nothing contained in the licence to the Matches granted to Licensee in the Agreement (hereinafter referred to as “Permitted Licence”) shall imply any transfer of ownership or creation of any licence, right, title or interest in respect of such Intellectual Property Rights and all use by the Licensee of TDI’s Intellectual Property Rights shall inure for the benefit of TDI and its licensors.
1.4. Except as specifically permitted herein to attribute the source of the audiovisual and/or data content to Matches granted to Licensee under the Agreement (hereinafter referred to as “Licensed Content”) to the applicable TDI affiliates, Licensee shall not use the TDI names, trademarks nor other TDI corporate identification for any purpose whatsoever including for promotional, marketing or any advertising purposes without the express written consent of TDI.
1.5. The Licensee undertakes:
1.5.1. on request to promptly execute all instruments and do all things necessary to give effect to such assignment;
1.5.2. not to claim or assert any Intellectual Property Rights in the Licensed Materials; and
1.5.3. not to replicate or use any trademark, badge, insignia or logo owned or used by TDI, its affiliates, any Match Rights Holder, tournament and/or player or their name and likeness without the prior written consent of the appropriate owner of such a trademark, badge, insignia, logo, name or likeness (except as expressly permitted pursuant to the Authorised Gaming Operator Programme (AGO Programme) that may be launched by TDI).
1.6. The Licensee shall promptly notify Sportradar as soon as it becomes aware of any actual, threatened or suspected unauthorised use or infringement of TDI’s Intellectual Property Rights and shall give all reasonable assistance with any action that TDI may consider necessary to take against third parties to protect such Intellectual Property Rights.
TERMINATION & SUSPENSION
1.7. Sportradar shall have the right to suspend, until such time as the situation is remedied, the supply of the Licensed Materials and/or terminate the Permitted Licence (in whole or in part) without liability immediately on written notice to the Licensee if the Licensee legally challenges the ownership and/or existence of TDI’s Intellectual Property Rights; and/or fails to enter into or comply with all or any part of ITIA Data Sharing Agreement.
1.8. Upon expiry or termination of the Permitted Licence:
1.8.1. the Licensee shall cease, and shall procure that all end users cease, to use the Licensed Materials and shall remove the Licensed Materials from its betting services authorised under the Agreement (hereinafter referred to as “Permitted Betting Service(s)”); and
1.8.2. at its own cost the Licensee shall promptly return or destroy any Licensed Materials in its possession or control, and confirm in writing that it has done so.
2. For the purchase of any kind of audiovisual (AV) Streaming Rights and Services (currently Live Channel Online (LCO), Live Channel Online High Quality (LCO HQ), Live Channel Online Augmented Streaming (LCO AS), Live Channel Promotion (LCP), Live Channel Trading (LCT) and Live Channel Retail (LCR) to any kind of ATP Match content (hereinafter individually and collectively referred to as “Betting Streaming Feeds”) the following terms and conditions shall additionally apply:
2.1. The Licensee warrants, represents and undertakes that:
2.1.1. it shall use best industry standard content protection technology to ensure that any person seeking to access the Betting Streaming Feeds via the Permitted Betting Service is a registered customer;
2.1.2. unless it is a member of the AGO Programme or has otherwise licensed the use of such images from a third party authorised by or on behalf of the relevant Match Rights Holder to license such images (such as Getty Images, to the extent applicable), Licensee shall not use any names, images or logos of players or the Match Rights Holder or any of the tournaments without TDI’s prior written approval and, in the case of player names, images and/or logos, the prior written approval of the applicable player, in each case to be given in their absolute discretion (save that the Licensee shall be permitted to use the names of such tournaments and/or Tournament players solely for the purpose of describing, on the Permitted Betting Service, bets which are available to its users); and
2.1.3. it ensures that its use, exploitation, transmission, distribution and broadcast/display of the Betting Streaming Feeds is in compliance with the applicable Match Rights Holder’s official media/broadcast rules in force from time to time;
2.1.4. in relation to any advertising, promotional or other materials published or transmitted across any medium (including any websites or applications which are operated or controlled by or on behalf of the Licensee) in connection with the Matches or Betting Streaming Feeds, the Licensee shall not (and shall not permit third parties to):
d. use or incorporate any logos, trademarks or imagery of TDI or a Match Rights Holder or the grounds at which a Match is taking place, or use the name or imagery of any player or team participating in any Match, or other TDI Intellectual Property Rights;
e. create or distribute any print, television, radio, online, cinema, outdoor or other advertising or promotional materials that focus solely or primarily on the Betting Streaming Feeds, or the Matches, except to the extent reasonably required to inform customers of the availability of the Betting Streaming Feeds;
2.1.5. imply any association with or endorsement by TDI, TDI’s affiliates, any of their respective officers, any Match Rights Holder or any player participating in any Match, except to the extent reasonably required to inform customers of the availability of the Betting Streaming Feeds; or
2.1.6. advertise the Permitted Betting Service or any aspect of them as a service whereby users can watch the Betting Streaming Feeds live, without making clear and (at least) equally prominent that such opportunity is only available to a customer of the Permitted Betting Service with a registered active funded account, or otherwise include a reference or imply an association with any broadcast quality viewing experience (in particular, the Licensee shall not advertise or promote the streaming for viewing on a television screen). By way of example, the service shall not be advertised as presenting the opportunity to “Watch live tennis here” (but may advertise the service as presenting the opportunity to “Bet on and watch live tennis here”). If TDI is notified of any complaints or grievances from an exclusive broadcast licensee in respect of marketing which suggests a competing viewing experience, the Licensee shall promptly implement any practical, alternative marketing solution notified to it by TDI.
2.2. The Licensee shall not, and shall not permit third parties to (and shall include in its terms and conditions on the applicable Permitted Betting Service(s) express prohibitions making it clear that third parties (including customers) are not permitted to):
2.2.1. compile any scoring or other data or commentary from the viewing of the Betting Streaming Feeds or otherwise sublicense, supply or provide any such data or commentary to any third party or permit its employees or any third party who has access to the Betting Streaming Feeds (including a customer) to compile any scoring or other data or commentary or make any use of such data or commentary; and/or
2.2.2. during the Term, license any unauthorised (i) trader facing live match viewer service in respect of the Betting Streaming Feeds from any third party in breach of any Intellectual Property Rights in or to the Licensed Materials; or (ii) visualisation service or product in respect of the Matches from any third party.
3. For the purchase Official ATP Live Odds and Official ATP Live Data the following terms and conditions shall additionally apply:
3.1. The Licensee shall not (and shall not authorise any third party to):
3.1.1. in respect of any Match (i) acquire or use any unofficial TDI feeds; (ii) collate data; and/or (iii) trade based on information which it receives or ingests from television pictures, the internet, attendance at Matches or otherwise;
3.1.2. acquire any odds feed for any market types relating to a Match from any unauthorised third party;
3.1.3. create any market types relating to a Match using data provided by an unauthorised third party;
3.1.4. make, or facilitate the making of, betting markets for tennis events for which official data is not being sold (for example, without limitation, under 18 junior events.
