Wisconsin Original Equipment Manufacture Distribution Agreement (OE MDA) is a legally binding contract between an original equipment manufacturer (OEM) in Wisconsin and a distributor who facilitates the distribution and sale of the OEM's products. This agreement regulates the terms and conditions under which the distributor is authorized to market, promote, sell, and distribute the OEM's goods in a specific territory or market segment. The Wisconsin OE MDA outlines important aspects such as: 1. Parties Involved: The agreement clearly identifies the participating parties, including the OEM and the distributor. It provides their legal names, contact information, and official business details. 2. Scope of Distribution: The OE MDA defines the geographical territory or market segment where the distributor is authorized to distribute the OEM's products. It may include specific regions, states, or countries, depending on the agreement. 3. Intellectual Property Rights: This agreement addresses the intellectual property rights associated with the OEM's products. It specifies that the distributor is only authorized to distribute genuine OEM products and ensures that the OEM retains all intellectual property rights related to the products. 4. Sales and Marketing Obligations: The OE MDA outlines the distributor's responsibilities regarding sales and marketing efforts. It may include provisions requiring the distributor to actively promote the OEM's products, maintain an appropriate level of inventory, and provide regular sales reports. 5. Pricing and Payment Terms: The agreement includes provisions related to product pricing, payment terms, and any additional fees or commissions that the distributor may receive. It ensures transparency in pricing and specifies the acceptable payment methods, invoicing details, and payment deadlines. 6. Quality Control and Product Support: The OE MDA may outline quality control measures and specify the standards and procedures that the distributor must adhere to when handling, storing, or distributing the OEM's products. It may also address product support, warranties, and after-sales services. 7. Termination and Dispute Resolution: The agreement includes provisions regarding the termination of the OE MDA, specifying conditions under which either party can terminate the agreement. It also outlines the dispute resolution mechanisms, such as mediation, arbitration, or litigation, in case of any conflicts. Types of Wisconsin OEM Distribution Agreements may include: 1. Exclusive Distribution Agreement: This type of agreement grants exclusive distribution rights to a single distributor in a specific territory or market segment, prohibiting the OEM from appointing other distributors in the same area. 2. Non-Exclusive Distribution Agreement: In this agreement, the OEM can appoint multiple distributors to distribute its products in the same territory or market segment. The OEM retains the freedom to appoint additional distributors at its discretion. 3. Territory-Specific Distribution Agreement: This agreement limits the distributor's authorized territory, allowing them to distribute the OEM's products only within the specified geographical region. 4. Market Segment-Specific Distribution Agreement: This type of agreement restricts the distributor's distribution rights to a specific market segment or industry vertical, focusing on a particular customer base or niche market. By carefully drafting and signing a Wisconsin OE MDA, both parties can establish a mutually beneficial business relationship, ensuring a structured distribution process, and promoting the success of the OEM's products in the relevant market.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.