Sample Of Exclusive Distributorship Agreement
(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 constitutes the whole agreement between the parties on this subject and replaces all previous agreements and instruments in this area. If there is a discrepancy between the provisions of the exclusivity distribution contract and the provisions of Schedule A or Appendix B, the terms of the exclusivity distribution contract apply. This agreement can only be amended by a written instrument executed by duly accredited representatives of the parties. 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. 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.
(a) the property. The distributor recognizes the supplier`s exclusive ownership of the trademarks and does not acquire rights, securities or shares on or on the trademarks under this agreement. Any value associated with the brands is exclusively beneficial to the supplier. During the lifetime, the distributor must not attempt to register trademarks or trademarks, service marks, logos, brand names, trade names, domain names and/or slogans confusing with the brands. The distributor executes these documents and performs all necessary acts and actions, after reasonable advice from the supplier, to establish the supplier`s ownership of the rights and trademarks at the supplier`s expense. Each supplier and distributor acknowledges that a violation of Article 3 or Article 7 would cause direct and non-re-republisted harm for which monetary damage would be insufficient. Accordingly, the aggrieved party is entitled to an omission for breach by the other party of its obligations under those sections, without evidence of actual harm and without the posting of obligations or other security. This remedy is not considered an exclusive remedy for this violation, but in addition to any other legal or equity remedies.