Vermont Software Distribution Agreement - Right to Provide and Market Software to End Users
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FAQ
A distribution agreement usually involves a distributor who buys products from a manufacturer or other seller, takes title to those goods, and resells them to its customers.
Since 1977 the courts have held that vertical non-price restrictions - - such as exclusive distributorship agreements - - are not per se (or always) illegal under the antitrust laws.
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.
A distribution deal (also known as distribution contract or distribution agreement) is a legal agreement between one party and another, to handle distribution of a product. There are various forms of distribution deals. There are exclusive and non-exclusive distribution agreements.
Under the terms of a licence or distribution agreement a licensee is generally granted the right to use your intellectual property (including your trade mark) or to distribute your product within a defined territory.
Parts of a Distribution AgreementNames 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.More items...
Distribution agreements define the terms and conditions under which a distributor may sell products provided by a supplier. Such an agreement may be for a limited term, and be further restricted by territory and distribution channel.
Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.
Best Practices to Protect Your MerchandiseUnderstand Your Customer Base.Do Your Homework.Protect Yourself in Writing.Avoid Inconsistent Pricing.Manage Your Route to Market.Monitor Case Marking.Consider Distinct Package Sizing.Examine All Purchase Orders.More items...?
Six Rules for Negotiating a Better Distribution AgreementBalance. Balance in a distribution agreement ensures that neither party holds unfair power over the other.Due Diligence.Annual Termination and Semiautomatic Renewal.Comparison with Proven Industry Agreements.Four Eyes versus Two Eyes.Cause and Convenience.