Term: While a ten to twenty five year term is still customary for an all-rights deal with a major or mini-major distributor (especially if it needs to recoup an MG), smaller companies are more willing to be flexible with the term of a distribution agreement.
Common arrangements are one year and three years; five years is more common in Europe than in the U.S. Shorter agreements, especially those with one-year terms, often have "evergreen" language which automatically renew the contract from year to year unless either party gives notice of intent not to renew.
Distribution Agreements will last for an agreed-upon term, which can be anywhere from 3 years, to eternity. During this Term, the Distributor has the (usually exclusive) right to market and distribute the film.
The term for Distribution Agreements varies, with terms being anywhere from 5 to 15 years. I try to limit the term as much as possible—especially when there is no advance, or a meager one.
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.
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.
These are the ten steps to be followed when valuing a distribution business. Analyze Financial Statements. Review Client and Supplier Contracts. Evaluate Market Position. Consider Asset Value. Assess Growth Potential. Review Industry Comparables. Calculate Earnings Multiples. Analyze Operational Efficiency.
Six Rules for Negotiating a Better Distribution Agreement Balance. Balance in a distribution agreement ensures that neither party holds unfair power over the other. Due Diligence. Annual Termination and Semiautomatic Renewal. Comparison with Proven Industry Agreements. Four Eyes versus Two Eyes. Cause and Convenience.
Based on market conditions, the value of the distribution rights is between 5x and 7x of gross profit.