A Seller Exclusivity Agreement is commonly used when businesses wish to establish exclusive commercial relationships for the sale of products or services. This document, governed by English and Welsh law, defines the scope of exclusivity, including territorial limits, duration, and performance requirements. It's particularly important for protecting both parties' interests while ensuring compliance with competition law. The agreement typically includes specific provisions for termination, minimum purchase requirements, and reporting obligations, making it essential for businesses seeking to establish protected distribution or supply channels.
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1. Parties: Identifies and defines the contracting parties - the seller and the party receiving exclusivity
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Grant of Exclusivity: Core terms establishing the exclusive relationship and its scope
5. Duration: Specifies the term of the exclusivity arrangement
6. Obligations of the Seller: Details the seller's commitments and restrictions
7. Termination: Circumstances and process for ending the agreement
8. Governing Law and Jurisdiction: Confirms English and Welsh law governs the agreement
1. Minimum Purchase Requirements: Used when exclusivity is tied to minimum purchase volumes in distribution or supply arrangements
2. Territory: Defines geographical scope of exclusivity when agreement applies to specific regions
3. Performance Metrics: Sets out performance criteria when exclusivity is conditional on meeting certain targets
4. Change of Control: Addresses implications of ownership changes for longer-term arrangements or with corporate parties
1. Products/Services Schedule: Lists products/services covered by exclusivity
2. Territory Map/Description: Detailed definition of geographical coverage
3. Performance Criteria: Detailed metrics and measurement methods
4. Form of Reports: Templates for required reporting
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