The Distributor Reseller Agreement is essential for businesses looking to expand their distribution networks in a controlled and legally compliant manner. This agreement, governed by English and Welsh law, is commonly used when a manufacturer or supplier wants to appoint third parties to sell their products while maintaining control over how their products are marketed and sold. It includes detailed provisions for territorial rights, pricing structures, performance metrics, and brand protection, while ensuring compliance with UK competition laws and commercial regulations. The agreement is particularly important for protecting intellectual property rights and maintaining brand consistency across distribution channels.
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Key Requirements PROMPT example:
Distributor Reseller Agreement
"I need a Distributor Reseller Agreement for appointing an exclusive distributor in Northern England to sell our software products, with specific minimum purchase requirements and quarterly sales targets starting from March 2025."
1. Parties: Identification and details of the supplier/manufacturer and distributor/reseller
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement including those related to Competition Act 1998, Consumer Rights Act 2015, and other relevant legislation
4. Appointment and Territory: Scope of appointment, exclusivity terms, and geographical territory in compliance with competition laws
5. Supply of Products: Terms governing the supply of products, ordering process, and delivery in accordance with Sale of Goods Act 1979
6. Prices and Payment: Pricing structure, payment terms, and invoicing procedures compliant with competition law and Late Payment of Commercial Debts Act
7. Obligations of the Distributor: Key responsibilities and commitments of the distributor including compliance with consumer protection laws
8. Obligations of the Supplier: Key responsibilities and commitments of the supplier including warranty obligations
9. Intellectual Property Rights: Usage rights and restrictions regarding trademarks and other IP under Trade Marks Act 1994 and Copyright, Designs and Patents Act 1988
10. Term and Termination: Duration of agreement and termination provisions including notice periods
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and dispute resolution
1. Minimum Purchase Requirements: Specific targets or quotas, subject to competition law compliance
2. Marketing and Promotion: Marketing obligations and cooperative advertising requirements
3. Training Requirements: Product training and certification requirements for technical products
4. After-Sales Service: Warranty and support obligations in compliance with Consumer Rights Act
5. Non-Compete Provisions: Restrictions on dealing with competing products, subject to competition law compliance
1. Product Schedule: List of products covered by the agreement including specifications
2. Price List: Detailed pricing structure and discount schedules
3. Territory Definition: Detailed description of geographical territory and any exclusions
4. Service Level Agreement: Performance metrics and service standards
5. Marketing Guidelines: Brand usage rules and marketing requirements
6. Reporting Templates: Standard forms for sales reporting and forecasting
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