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.
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.
Based on market conditions, the value of the distribution rights is between 5x and 7x of gross profit.
The basic elements of a distribution agreement include the term (time period for which the contract is in effect), terms and conditions of supply and the sales territories covered by the agreement (regions within the U.S. and/or international markets).
Here are the steps to find and negotiate a distribution agreement: Step 1: Meet with the distributor. Step 2: Discuss the terms of distribution. Step 3: Review the details, such as marketing materials, catalogs, or product literature. Step 4: Hire a lawyer or an expert to draft the agreement.
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.
How to Value 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.