(e) No Club or Club Actor may provide, directly or indirectly, any Player or Player
Actor, with anything of value from a Club or Club Actor other than his Player Salary and
Bonuses set forth in, and in accordance with the terms of, his SPC, and his share of Benefits and
Government Mandates/Other Programs, as set forth in this Agreement or as otherwise expressly
permitted by this Agreement.
A Player or Player Actor may not receive, directly or indirectly,
anything of value from a Club or Club Actor other than his Player Salary and Bonuses set forth
in, and in accordance with the terms of, his SPC, and his share of Benefits and Government
Mandates/Other Programs as set forth in this Agreement or as otherwise expressly permitted by
this Agreement. Notwithstanding the fact that a Player must disgorge anything of value he may
have received in violation of the prior sentence, a Player shall not be guilty of a Circumvention
in the absence of knowledge that the entity from which he received something of value, was a
Club Actor.
No Club or Club Actor or Player or Player Actor may engage in any conduct that is
intended to pay or provide, or has the effect of, paying or providing to a Player, anything of
value other than that which the Player may properly receive through his SPC, and his share of
Benefits and Government Mandates/Other Programs, or as otherwise expressly permitted by this
Agreement.
For example, a Player is prohibited from entering into an agreement with a
broadcasting company that is a Club Affiliated Entity, in which the Player agrees to host a
weekly television show, for which he is to be compensated the fair market value of such services,
as this would be something of value other than which the Player may properly receive through
his SPC, or his share of Benefits and Government Mandates/Other Programs, or as otherwise
expressly permitted by this Agreement.
(i) Notwithstanding the foregoing, a Club shall be permitted to make certain
"miscellaneous business expenditures" on behalf of and for the benefit of
Players, provided that such expenditures are: (i) reasonable, (ii) intended
and reasonably related to the Club's business and the Player's positive
development as a hockey Player (e.g., paying for a Player's travel/hotel
expenses for participating in promotional activities for the Club, paying
for a skating instructor or ice time, paying for an English tutor etc.), and
(iii) reviewed and approved by the League in advance.
(ii) However, nothing in this Section 26.3(e) is intended to prohibit a Player
from entering into a sponsorship, endorsement or other commercial
arrangement with a local sponsor or entity with which his Club does
business but which is not a Club Affiliated Entity, in which the Player
receives something of value, provided the thing of value received is
commensurate with (i.e., not clearly in excess of) the fair market value of
the services rendered by the Player on behalf of the sponsor or entity.
With respect to any sponsorship or endorsement arrangement between a
Player and a national sponsor, any thing of value provided to a Player
under such arrangement shall be presumptively acceptable (i.e., such thing
of value need not meet the "fair market value" test set forth in the
preceding sentence), provided that such arrangement was not made at the
behest of the Player's Club or any other Club Actor. However, the NHL
shall have the right to challenge before the System Arbitrator, through an
expedited arbitration proceeding pursuant to the third sentence of Section
26.13(a) below, the bona fides of any such national sponsorship or
endorsement arrangement on the grounds that it was actually provided for
the benefit of a particular Club.
(iii) Each Club shall maintain a list of sponsors with which it does business,
which lists shall be updated as necessary and shall be provided to the
NHLPA periodically.