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In legal terms, an Agent is acting on behalf of your Company whereas a Distributor is likely to act on its own behalf but will still have a contractual relationship with your Company to purchase certain products or goods and then market same directly subject to any restraints you may seek to impose.
A distributor purchases goods from a supplier or manufacturer and then sells them on to his customers, adding a margin to cover his own costs and profit (also called by some a distributorship agreement).
A master distributor agreement is a legal agreement that allows a manufacturer to enter into a contract with another party, known as a distributor, who will sell and market the manufacturer's goods on their behalf.
An exclusive distribution agreement is an agreement between a distributor company and a supplier company that grants the distributor exclusive rights to sell the suppliers goods. This means that the supplier agrees to now allow another distributor to sell its goods for the duration of the agreement.
Territory: The agreement should specifically define the area in which the distributor is permitted to sell and promote the products. b. Products: The agreement should specify what products, product lines, or brands are included under the agreement.
Six Rules for Negotiating a Better Distribution AgreementBalance. Balance in a distribution agreement ensures that neither party holds unfair power over the other.Due Diligence.Annual Termination and Semiautomatic Renewal.Comparison with Proven Industry Agreements.Four Eyes versus Two Eyes.Cause and Convenience.
Here is a checklist of ten common mistakes to avoid when drafting your next distributor agreement.Too Much Too Fast.Termination for Cause Only.Annual Termination and Semiautomatic Renewal.Exclusive or Nonexclusive.Frequency of Price Changes.Termination by Only One Party - Not Both.Frequency of Amendments.More items...
There are four distribution agreement types including:Type 1. Exclusive distribution agreements.Type 2. Wholesale distribution agreements.Type 3. Distribution agreements for commissions.Type 4. Developer distribution agreements.
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.
Parts of a Distribution AgreementNames 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.More items...