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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.
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.
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.
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.
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.
A software distribution agreement is a contract between a software publisher and a distributor outlining the terms and conditions of software distribution. In the United States, these agreements are governed by federal and state laws, including copyright, trademark, and contract laws.
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.
In brief, a comprehensive distribution agreement should address the key matters regarding the relationship between the supplier and the distributor. Key among these matters are the type of appointment, territory and the price and payment terms among other things.