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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.
Software distribution agreements are necessary for distributors to know how and where to distribute a developer's software, and for developers to define their relationship with distributors. See what goes into a solid software distribution agreement. This article is for informational purposes.
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.
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.
Specifying the product and its delivery dates. Specifying whether payment is commission-based or whether there is another type of fee arrangement. Describing the relationship between the parties, such as the distributor being an independent contractor and not an employee of the supplier.
Key elements of a distribution agreement A distribution agreement should include key elements such as the scope and duration, rights and obligations, termination and dispute resolution, and confidentiality and intellectual property to ensure a clear and mutually beneficial relationship between you and your distributor.