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The difference between exclusive and non-exclusive agreement refers to how vendors and partners work with each other. Exclusive agreements exclude competitors for a set period of time, while non-exclusive agreements allow for competitors, often as motivating tools.
An exclusivity agreement is a legal contract between two parties that restricts one party (the "licensee"), usually an inventor, from selling its product to a certain purchaser (usually the other party) for a designated period of time.
Breaking an Exclusivity Clause If you break the terms of an exclusivity clause and sell for or purchase goods from another vendor, the penalties could be extremely harsh. At best, the company you have signed the agreement with could cancel the terms and require that you pay for the products you have agreed to purchase.
The purpose of an exclusivity clause is to protect buyers from being outbid by third parties since significant time and money are spent securing a deal. For example, a real estate agent can prevent employees from working within a specific geographic region. It's an exclusive relationship that mitigates risk.
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 them.
How Long Does an Exclusivity Clause Last? The duration of an exclusivity clause depends on what is written in the contract. It can be as short as a few months or as long as several years. Most do not extend beyond 5-10 years, but it depends on the parties involved.
Some of the information the agency agreement should contain are:The names of the principal and agent.A description of the purpose of the agency.Whether it is an exclusive or nonexclusive agency.How long the agency lasts.What the agent can and cannot do for the principal.The geographic area where the agent can act.More items...
If your competitor is using exclusive-dealing agreements, you might be aggravated about it, but under most circumstances exclusive-dealing agreements are legal under the antitrust laws.
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 operate a restriction on the seller.