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The primary difference between an agency and an independent contractor is that the principal is not liable for the actions of the independent contractor but may very well be liable for the actions of an agent.
A written agency agreement will define the authority and duties of the agent and set out the agent's rights. The structure of a distribution agreement will be different to reflect the fact that the distributor buys goods outright. In addition you are likely to want to impose restrictions on competition.
An agency agreement is a legal contract creating a fiduciary relationship whereby the first party ("the principal") agrees that the actions of a second party ("the agent") binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements.
In an equity distribution agreement (also sometimes referred to as a "sales agency agreement" or "placement agency agreement"), a company engages a broker-dealer to conduct ATM offerings of the company's shares under an ATM program (also commonly referred to as an "equity distribution program" or "equity dribble out ... Equity Distribution Agreements for At-the-Market Offerings lexis.com ? document ? openwebdocview lexis.com ? document ? openwebdocview
An equity distribution agreement is a contract typically used by a company that offers another party the ability to distribute shares through what's known as an at-the-market (or ATM) offering program. Companies typically use profits from the distribution of their shares for repayment of loans or refinancing. Equity Distribution Agreement: Definition & Sample Contracts Counsel ? equity-distributio... Contracts Counsel ? equity-distributio...
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.
Differences between agency and distribution An agent is paid commission on a percentage basis. A distributor sells the product to the customers and will usually add a margin to cover costs and profit. The agent does not own the products. A distributor owns the goods, and takes the risk of the goods not selling. Agency and distribution Agreements - Oury Clark ouryclark.com ? quick-guides ? commercial ouryclark.com ? quick-guides ? commercial