Exclusive Marketing Rights Agreement

Each month, the distributor must send the supplier, by e-mail, a 3-month, non-binding revenue forecast of the expected sales of supplier products in the region. In addition, the distributor must provide such other information in a timely manner in response to the provider`s requests for information on the distributor`s activities in the territory. Such requests may include lists of interested parties and the status of potential customers` sales activities, information relating to certain distribution activities, data on competition in the region, product operating data and other information that the supplier needs to effectively coordinate its international sales and marketing efforts. Deeper engagement means that both parties can work together with the goal of being a work team that encourages marketing and distribution, while being profitable and focused on success. The Supplier undertakes to make available to the Distributor (by e-mail in PDF format) the descriptive documentation, promotional material, technical manuals and promotional material in English on the Supplier`s products that the Supplier has from time to time for such purposes. The distributor has the right to translate these materials into the languages of the territory at its own expense. The Supplier reserves ownership of all proprietary rights, including the intellectual property rights of the translated versions of the Materials. The distributor is solely responsible for the accuracy of the translations and makes available to the supplier a copy of each translated work. The distributor must immediately revise the materials (at the distributor`s expense) after notification from the supplier. An exclusive agreement usually stipulates that the wholesaler has limited powers, for example. B the use of the logo and product name in marketing materials, advertising, product branding and other advertising activities. However, the copyright for the product(s) remains with the manufacturer. This Agreement is in all respects governed by the laws of the State, of the United States, which apply without reference to conflict of laws rules that might otherwise apply to other laws.

The United Nations Agreement on Contracts for the International Sale of Goods shall not apply to purchases or transactions carried out in accordance with this Agreement. The court having jurisdiction over all actions brought against each other by the Parties to this Agreement in respect of or as a result of this Agreement shall be appropriate only in the case of a [State] State Court or the United States District Court for the District of [State]. The distributor thus submits to the exclusive jurisdiction of these courts and accepts the service of the lawsuit by sending a confirmed fax or by commercial mail (with written confirmation of receipt to the sender). One option for suppliers is to grant exclusivity to their partner. Making it an exclusive offer can work in the supplier`s favor by gaining more opportunities for more advantageous engagement, more room for market expansion, and the ability to build a distribution pipeline for faster results and successes. To maximize marketing effectiveness in an exclusive partnership, suppliers need to know that their potential partner has enough support, transparency reigns, and expectations are clear from the start. . . .