Exclusive Distribution Agreement Form

2. The manufacturer should think long and hard about whether or almost the same result can be achieved with a non-exclusive agreement. Non-exclusive agreements give the distributor less influence over the manufacturer in situations where the distributor is not doing well. These agreements are now more common than exclusive agreements. If the manufacturer opts for an exclusive agreement, it must be particularly careful in considering the financial and marketing power and commitment of the distributor. Simply put, the back door or starting position is much weaker, and distributors who want to enter into exclusive deals and don`t easily withdraw from demand are usually willing to fight hard to keep their exclusive deals, no matter how bad they are. (a) nomination. Subject to the terms of this Agreement, including, but not limited to the General Terms of Sale, the supplier herebly names the distributor as the exclusive distributor of products within the territory, and the distributor hereshes with this agreement. The distributor undertakes not to market products through negotiators without the supplier`s prior written consent.

This agreement is governed in all respects by the laws of the state [state] , of the United States, which apply without reference to a rule of conflict of laws under which, otherwise, different laws might apply. The United Nations Convention on International Contracts for the Sale of Goods does not apply to purchases or transactions made under this agreement. The jurisdiction for all actions brought by the parties to this agreement in connection with or as a result of this agreement is appropriate only before an appropriate state court or the United States District Court for the District of the District of the State. Distributor thus submits to the exclusive jurisdiction of these jurisdictions and accepts the service of the procedure by fax or confirmed commercial mail (returned to the sender with written verification of receipt). (d) Ownership reserve by the supplier. The supplier reserves the right to take the following steps at any time under [insert number] ([insert number]) calendar days prior to written notification to the distributor without any responsibility: (i) add or remove products from Schedule B, (ii) modify or update the design of the products or part of the products, and (iii) exclusively for sale directly or indirectly, to certain types of customers or to certain accounts in the territory. It is an agreement that ensures that only a distributor, for a specific region, market, product or other company, has exclusive rights to market that product in that market. The distributor will not use, authorize or authorize the use of the name or other trademarks or trade names belonging to the manufacturer as part of its company, company or company name. The distributor will not compete with the manufacturer`s right to use exclusively trademarks or trade names used or claimed by the manufacturer. The distributor may use the manufacturer`s name, trademarks and logos in advertising, stationery and business cards, or on its website, subject to the manufacturer`s instructions regarding the reproduction of these. The manufacturer heresfreers the distributor`s exclusive right to “manufacturing products” (as defined below) in the following area (the “area”): there is nothing to prevent the manufacturer from selling the manufacturer`s products directly to customers and other distributors in areas defined as follows:

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