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.
A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain geographical areas.
Distribution deal. A distribution deal (also known as distribution contract or distribution agreement) is a legal agreement between one party and another, to handle distribution of a product. There are various forms of distribution deals. There are exclusive and non-exclusive distribution agreements.
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.
Under the terms of a licence or distribution agreement a licensee is generally granted the right to use your intellectual property (including your trade mark) or to distribute your product within a defined territory.
Non-Exclusive License: Allows the licensor to license the IP to multiple licensees. This is commonly used when the licensor wants to maximize reach and distribution. Sole License: Gives one licensee rights to the IP, but the licensor can still use the IP themselves.
Music distribution is about making music available on platforms like streaming services & stores, focusing on reaching listeners & selling music. Licensing, however, involves granting rights to use music in media like films, TV, advertisements, or video games.
Essentials of Forming an Agreement: Parties - There must be two or more parties to form an agreement. Offer or proposal - The proposal must be made by one party to the other. The person(s) to whom the proposal has been made must clearly understand all the aspects and terms of the proposal.
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.
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.