Exclusivity

An exclusivity clause is part of a bigger legal document that restricts the signer from buying, selling, or promoting any goods or services from any person or company other than the issuing company associated with the contract.It may also be included as part of another legal document or contract.

Exclusive Supply Agreements are defined under Section 3(4)(c) of the Competition Act, 2002 ("Act") as agreements restricting the purchaser from purchasing/dealing with goods other than those of the seller.Exclusive supply agreements are also known as 'single branding' agreements or 'quantity forcing' arrangements.

Related Content. Also known as lock-out, shut-out or no-shop agreements. Agreements which are used to try to ensure that the other party to a prospective deal negotiates solely with the client for a period of time. They aim to give the client some protection from another party outbidding him.

Thus, exclusive agreements are anti-competitive under Section 3(4) or Section 4 of the Act only when the parties involved have significant market power.

If you've signed an exclusive contract with an agent, you can't work with another agent until the contract expires.If you've signed an exclusive buyer's agent agreement for a specific type of property (single-family homes), you can work with another agent to look for multi-family homes, for example.

Determine if the exclusivity provision is a sticking point for the brand. Shorten the term of the exclusivity provision. Narrow the scope of the exclusivity provision. If you can't negotiate exclusivity, adjust your pricing.

In business, the term exclusivity refers to a party's sole rights with regard to a certain business activity.strategic business relationships between two or more parties.