This form is a Motion Picture License, Marketing and Distribution Agreement that grants a sole, exclusive and irrevocable right, for during the term of the agreement to exploit the motion picture via any of the outlined distribution means, to manufacture and have manufactured devices containing the motion picture, to conduct merchandising, to exercise any and all incidental rights relating to any of the foregoing, and to license, sublicense and otherwise authorize others to do any of the foregoing.
Kansas Motion Picture License, Marketing and Distribution Agreement
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US-IP1113
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One major disadvantage is that it can create dependency. If a company is too reliant on its distributor, it can be difficult to make changes. Another disadvantage is that exclusive distributors often have less flexibility than non-exclusive distributors. They may be less willing to make changes or try new things.
Negotiating a Distributorship Agreement: Five Critical Steps to Success Execute a master agreement. ... Define the relevant goods subject to the agreement. ... Address all relevant intellectual property issues. ... Make sure renewal options and termination clauses allow the parties to adjust to changing market conditions.
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.
Specifying the product and its delivery dates. Specifying whether payment is commission-based or whether there is another type of fee arrangement. Describing the relationship between the parties, such as the distributor being an independent contractor and not an employee of the supplier.
Seek mutual value. The ultimate goal of negotiating exclusivity is to create a win-win situation, where both parties feel satisfied and respected. To achieve this, you need to seek mutual value, by identifying areas of agreement, finding creative solutions, and making trade-offs.
In a licence agreement, the business owner, the Licensor, grants a Licensee the right to use the Licensor's brand name and other intellectual property rights such as copyrights and trade secrets. The main difference between a distributorship and licensing is that the Licensee is responsible for any manufacturing.
By means of an exclusive distribution agreement a supplier agrees to sell its products to only one distributor, or a limited number of them [as per the draft for a new Vertical Block Exemption Regulation (?VBER?)], for resale in a particular territory or to a specific group of customers, or reserves such distribution ...
Best Practices for Negotiating Distribution Agreements What Should a Distribution Agreement Include? ... Don't 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.