Distributor and Dealership Agreements
Set up a distribution or dealership network, or hire an agent to promote your products with these downloadable template forms. Choose from exclusive or non-exclusive distributor contracts, also licensing, assignment and termination agreements.
Q. What is the difference between a distributor and an agent?
A. A distributor is a person or company which buys products from you and then resells them to customers or sub-distributors. You have no direct relationship with the end user - only with the distributor. And the financial risk for unsold products rests with the distributor, not with you. In essence, your distributor is your customer.
An agent, on the other hand, contracts with you and is acting on your behalf, not on its own. Your agent will have whatever authority to act in that capacity that you decide is appropriate, such as the authority to negotiate contracts, arrange sales or leases, market and promote your products. But any sale or lease contract will be between you and the customer, and the agent will not be a party to the contract.
Q. Is a dealer the same as a distributor?
A. They're similar but not the same. A dealer sells the supplier's products through a retail outlet, and may obtain the products either from the supplier directly or from a distributor. Dealers are often franchisees of the supplier.
Sales Agency Agreement with Exclusive Territory | USA
Set up a sales agent to obtain orders from your customers in a specific geographic area under this USA Sales Agency Agreement with Exclusive Territory.
- The sales agent has the exclusive right to solicit and take orders within the territory. The supplier will not take orders from customers in the territory. All orders are subject to approval by the supplier.
- The supplier reserves the right to decline or cancel any order, or to discontinue the sale of any product, without incurring liability to the sales agent.
- The sales agent will be paid a commission on the net selling price of all completed orders, less refunds and returns.
- The sales agent must maintain public liability insurance, as a condition precedent to the appointment.
- Available in MS Word format and fully editable to fit your specific needs.
- Governed by U.S. laws and intended to be used only in the United States.
Software Distribution Agreement | Canada
Prepare a Software Distribution Agreement with a national or international distributor with this comprehensive template for Canadian software publishers.
- The publisher (owner) appoints the distributor as its exclusive distributor in a primary territory, and as a non-exclusive distributor in secondary territories.
- The distributor must meet minimum annual revenue quotas, and must provide quarterly activity reports to the publisher.
- The distributor must provide written reports identifying any problems the distributor believes to be caused by errors in the software.
- The publisher will provide all corrections, enhancements and upgrades to the software, and all training and support.
- The publisher will provide a list of all current customers and all potential sales leads for the designated territories.
- The distributor agrees not to take part in marketing or developing any product which would compete with the software.
- The Agreement is governed by Canadian laws.
- This legal document template is available in MS Word format and can be easily modified.
Strategic Partner Reseller Agreement
Enter into an arrangement with a distributor to resell your products under this Strategic Partner Reseller Agreement.
- The reseller is granted a non-exclusive non-transferable license to market and sell the products to clients within a specified territory.
- The reseller is NOT granted the right to sub-license to other resellers or distributors.
- The supplier has the right to enter into reseller agreements with other distributors within the territory which are not in direct competition with the reseller.
- The reseller can either resell products directly to clients, or refer clients to the supplier.
- The Agreement contains a mutual confidentiality and non-disclosure clause.
The Strategic Partner Reseller Agreement is a downloadable MS word document and is fully editable to meet your needs.
USA Exclusive Distributor Agreement
Set up your distributor network across various states by appointing exclusive distributors within defined territories under the terms of this Distributor Agreement.
- The distributor has exclusive rights to the territory set out in the Agreement, and non-exclusive distribution rights to specified areas outside the primary territory.
- The distributor must meet certain performance requirements and must comply with all licensing and other laws in the territory.
- If the distributor fails to meet its contractual obligations, the supplier has the right to take over the territory.
- Buy the form once, use it as often as you require.