Clean sheet in the Exclusive Distribution Agreement Template in a few clicks

Aug 6th, 2022
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Example of Exclusive Product Distribution A popular celebrity might launch a new podcast that is only available on a paid distribution platform like Spotify Premium. In this case, Spotify is the distribution partner. This partnership is exclusive because the podcast is only available to paid Spotify subscription users.
A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain geographical areas.
The agreement is usually between a manufacturer or vendor and a distributor but, in some cases, may involve two distributors or a distributor and some other channel entity.
What are the key elements of a distribution agreement? There are a number of key issues that need to be included in a distribution agreement including exclusivity, term, the product(s), price, delivery, and the relevant territory.
An exclusive distribution clause prevents the supplier from forming other distribution contracts in a given market or territory. This gives the distributor the exclusive right to sell the products in that region. Exclusivity might be provided contingent on the distributors performance.
Under an Exclusive Distribution agreement, the supplier appoints one distributor in a defined territory that has the exclusive right to sell the products of the supplier. Under an Exclusive Distribution agreement, the supplier cannot sell directly to customers in that territory either.
Best Practices for Negotiating Distribution Agreements What Should a Distribution Agreement Include? Dont Make Exclusivity the Goal. Focus on Marketing Essentials at First. Identify Aftersales Requirements. Set Clear Sales Territories. Outsource Regulatory Obligations. Not Having the Document Reviewed By Multiple People.
Common Sections in Exclusive Distribution Agreements DEFINITIONS. GENERAL APPOINTMENT. GENERAL TERMS OF DISTRIBUTORSHIP. PRICE, PAYMENT AND DELIVERY TERMS. WARRANTIES, INDEMNIFICATION AND RETURNS. TRADEMARK, TRADE NAMES, PATENTS, KNOW-HOW. TERM AND TERMINATION. MISCELLANEOUS PROVISIONS.

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