A. Purpose

This Policy is intended to communicate to the campus the importance of transparency in agreements between UCI and for-profit organizations. Any agreement with an outside entity or other commercial activity should be structured to protect the basic values and mission of the University. University faculty and staff must avoid creating a conflict of interest, or the perception of one, in their dealings on behalf of the University.

B. Guidelines

1. Faculty and staff are prohibited from entering into business contracts or agreements on behalf of the University unless they have been given authority by policy or delegation to execute such agreements.
2. Agreements involving the supply of money, goods, or services in exchange for consideration cannot be viewed as gifts or donations.
3. When University facilities or resources are being used by outside entities, the University should seek to receive full cost recovery.
4. At the time a request is made to enter into a business contract or agreement, requesting faculty or staff must disclose any outside financial interests they have in the vendor or entity by sending an email disclosing the nature of the interest to the Director of Materiel and Risk Management.

C. Terms

1. License Agreement: Use of the University Name

   An agreement that allows another party to use the University's name or logo and may include payment or other consideration. Such agreements are governed by UC policy and UCI policies and guidelines (see Section 700-20).

2. Service Agreement

   Agreements with outside organizations, agencies, and individuals used to implement approved programs and activities, whether the University is the supplier or recipient of the service covered by the agreement. These agreements are governed by Irvine Delegation of Authority IDA 508 [superseded by IDA594] - Service Agreements and the associated redelegations. Agreements where the University is selling services not involving University research are commonly referred to as Sales and Service Agreements.

3. Sponsorship Agreement

   An agreement where a company or individual agrees to provide money, goods, or services to the University in exchange for rights or privileges such as, but not limited to: rights to campus sales, advertising rights, or naming opportunities. This would include, but is not limited to, an agreement between a sports team and an equipment and/or clothing manufacturer.

D. Sales and Service Agreements

To establish a Sales and Service agreement (see Section 703-14), the following criteria must be met:

1. The agreement activity must support the University’s teaching, research, or public service goals.
2. An appropriate account must be established with the Budget Office.
3. The activity must provide, at a minimum, full cost recovery to the University.
4. The agreement must be constructed as a business agreement and cannot include University research activity or provide access to University intellectual property.
5. Agreement forms must be approved as to form by University Counsel. Any material change (as determined by Materiel and Risk Management) made to an approved agreement form must also be approved by University Counsel.
6. Agreements must be approved by the department head, or their designee, and approved for the campus by the Director of Materiel and Risk Management or other designated official.

E. Sponsorship Agreements

To establish a Sponsorship Agreement, the following criteria must be met:

1. The money, goods, or services provided to the University must support and advance the University program that is subject to the agreement.
2. Any agreement resulting in the allocation of funds based on performance (for example, a team making the finals) must comply with applicable policies and regulations governing the activity, such as those of the NCAA.
3. Agreements must be approved by the department head, or their designee, and approved for the campus by the Director of Materiel and Risk Management, or other designated official.
4. Agreement forms need to be approved as to form by University Counsel. Any material change (as determined by Materiel and Risk Management) made to an approved agreement form must also be approved by University Counsel.