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An agency agreement outlines the responsibilities and rights of both the agent and the client in a business relationship. It typically includes key provisions such as commission rates, duration of the agreement, termination conditions, and the scope of the agent's authority. In the context of a Puerto Rico Sales Agency Agreement with Agent and Client being Business Competitors in Same Market, the document must clearly define competition limits and ensure compliance with local laws. This clarity helps both parties operate effectively within the competitive landscape.
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.
An agency agreement details the terms of the agency, such as what the agent can do and the amount of money paid for the agent's work. The contract also gives the agent the authority the principal determines, such as the exclusive right to act on her behalf.
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).
Exclusive dealing or requirements contracts between manufacturers and retailers are common and are generally lawful.
Products: The agreement should specify what products, product lines, or brands are included under the agreement. The agreement should also address whether and to what extent any new brands developed or acquired by the supplier would be included, or specifically, excluded from the agreement.
An agreement among firms at the same level in the distribution stream to fix prices, rig bids, boycott a supplier, allocate territories, or otherwise limit competition between them is per se illegal under the Sherman Act.
A naked agreement among competitors to fix prices is almost always illegal, whether prices are specified at a minimum, maximum, or within some range. Illegal price fixing occurs whenever two or more competitors agree to take actions to raise, lower, maintain, or stabilize the price of any product or service.
Distributors can sell to the final consumer or other businesses, while suppliers almost always sell to other businesses that will eventually sell to the final consumer. Distributors and suppliers may also both provide physical products to a company.
Five Ways Wholesale Distributors Can Maintain A Competitive Edge In A Changing MarketProvide a knowledgeable staff.Furnish one-stop shopping.Be easy to do business with.Meet customers' price expectations.Improve business efficiency.