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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.
For example, a distributor can form a contractual relationship with a manufacturer that makes healthy snacks, ensuring that consumers can buy snacks both through the distributor's ecommerce website and retail stores that get their stock from the distributor.
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.
The following is a checklist of factors to be considered when drafting a distribution contract: terms and conditions of sale; term for which the contract is in effect; marketing rights; trademark licensing; geographical territory covered by the agreement; performance; reporting; and.
The Distributor Agreement should clearly set forth the duties, responsibilities and expectations of each of the parties. The Distributor Agreement should also set forth provisions related to limitations and protections that each party can understand.