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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.
What are the key elements of a distribution agreement? There are a number of key issues that need to be included in a distribution agreement including exclusivity, term, the product(s), price, delivery, and the relevant territory.
How Distribution Agreements Work Set an appointment with the manufacturer. Negotiate the distribution terms. Review specifics, such as promotional literature. Hire a business lawyer to help you draft the terms. Sign or renegotiate the contract. Begin executing the agreement as contained within provisions.
A distribution agreement is one under which a supplier or manufacturer of goods agrees that an independent third party will market and sell the goods. The distributor buys the goods on their own account and trades under their own name.
Many distribution agreements contain a clause providing what the distributor gets paid for selling the product, as well as a commission based on the number of products it sells. Commissions give the distributor the added incentive of selling as much of the supplier's product as possible.
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.
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.
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.