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Below is a basic distribution agreement checklist to help you get started: Names and addresses of both parties. Sale terms and conditions. Contract effective dates. Marketing and intellectual property rights. Defects and returns provisions. Severance terms. Returned goods credits and costs. Exclusivity from competing products.
An exclusivity clause limits licenses, distribution rights, and other rights to specific parties. It grants to that party only the rights outlined in the contract and further limits how that party may use the rights they were given. These clauses often appear in contracts, including: Intellectual property agreements.
Long form clause by which the customer agrees to purchase a particular product or service exclusively from the supplier and the supplier agrees not to supply a particular product or service to the customer's competitors.
A Standard Clause providing a distributor with the exclusive right to resell products purchased from a manufacturer, producer, or other supplier within a specified geographic territory during the term of the underlying distribution agreement.
Distribution is exclusive when only certain retailers are given the option of carrying a product in its store. Exclusive distribution is an agreement between a supplier and a retailer granting the retailer exclusive rights within a specific geographical area to carry the supplier's product.
It is a provision in a contract that limits one party's ability to engage in similar business arrangements with other parties. This clause is typically included in agreements where the exclusivity of a relationship is essential for its success.
Key elements of a distribution agreement A distribution agreement should include key elements such as the scope and duration, rights and obligations, termination and dispute resolution, and confidentiality and intellectual property to ensure a clear and mutually beneficial relationship between you and your distributor.
Many distribution agreements contain a clause providing what the distributor gets paid for selling the product, as well as a commission based on the number of products it sells. Commissions give the distributor the added incentive of selling as much of the supplier's product as possible.