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Sales Exclusivity Agreement

Sales Exclusivity Agreement Template for New Zealand

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Key Requirements PROMPT example:

Sales Exclusivity Agreement

"I need a Sales Exclusivity Agreement for my tech company to appoint an exclusive distributor for our software products in New Zealand's South Island, with a minimum annual sales target of NZD 2 million and initial term starting March 2025."

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Document background
The Sales Exclusivity Agreement is a critical commercial contract used when a supplier wishes to grant exclusive rights to another party to sell or distribute their products or services within a specified territory in New Zealand. This document is essential for businesses looking to establish controlled distribution channels, maintain brand consistency, and ensure market penetration through dedicated partners. The agreement must comply with New Zealand's commercial and competition laws, particularly the Commerce Act 1986, while protecting both parties' interests. It typically includes comprehensive provisions on exclusivity scope, performance obligations, territory definitions, term and renewal conditions, and termination rights. This type of agreement is particularly valuable when suppliers want to maintain control over their distribution network while providing distributors with protected market access.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Provides context and commercial intent behind the exclusivity arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Grant of Exclusivity: Details the specific exclusive rights being granted, including scope and limitations

5. Territory: Defines the geographic area where the exclusivity rights apply

6. Term and Renewal: Specifies the duration of the agreement and any renewal provisions

7. Performance Obligations: Outlines minimum performance requirements and sales targets

8. Supply Terms: Details the terms under which products/services will be supplied

9. Pricing and Payment: Specifies pricing structure, payment terms, and any minimum purchase requirements

10. Intellectual Property: Addresses ownership and usage rights of relevant intellectual property

11. Confidentiality: Establishes obligations regarding confidential information

12. Termination: Sets out circumstances and procedures for termination

13. Post-Termination Obligations: Defines obligations and restrictions after agreement ends

14. General Provisions: Contains standard boilerplate clauses including notices, governing law, etc.

Optional Sections

1. Marketing and Promotion: Include when specific marketing obligations or restrictions apply

2. Training Requirements: Include when seller must provide product/service training

3. Quality Control: Include for products requiring specific quality standards or certifications

4. Sub-distributors: Include if appointment of sub-distributors is permitted

5. Insurance: Include when specific insurance requirements are necessary

6. Data Protection: Include when personal data processing is involved

7. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions

8. Anti-corruption: Include for international arrangements or when dealing with government entities

Suggested Schedules

1. Products/Services Schedule: Detailed list and specifications of products/services covered by the agreement

2. Territory Map: Visual representation and detailed description of the exclusive territory

3. Price List: Detailed pricing structure, including any volume discounts or special pricing arrangements

4. Performance Metrics: Detailed performance targets, measurement criteria, and reporting requirements

5. Trademark Usage Guidelines: Specific rules and requirements for using the supplier's trademarks

6. Service Level Agreement: Detailed service standards and related performance metrics

7. Contact Details: Key contacts and notification details for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses





































Relevant Industries

Retail

Manufacturing

Consumer Goods

Technology

Automotive

Pharmaceuticals

Electronics

Food and Beverage

Industrial Equipment

Luxury Goods

Telecommunications

Fashion and Apparel

Medical Devices

Software and IT

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Supply Chain

Distribution

Contract Management

Corporate Affairs

Procurement

Relevant Roles

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Chief Commercial Officer

Distribution Manager

Territory Manager

Contract Manager

Sales Operations Manager

Supply Chain Manager

General Manager

Managing Director

Chief Executive Officer

Regional Sales Manager

Procurement Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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