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Getting to Market: Sales and Distribution Agreements

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Description

A product is only as successful as its distribution, only as profitable as it reaches the widest market possible.

Most suppliers of goods rely on distributors to reach the market. Distributor agreements can come in a multitude of types, including wholesale and retail distribution agreements. These agreements encompass a series of intricately interrelated provisions about the scope of products, the scope of the territory involved, exclusivity, pricing control, support in the form of marketing and training, supply guarantees, and much more.

Success for both the supplier and the distributor depends on a thoughtfully planned and drafted agreement.

This program provides a practical guide to drafting the most essential provisions of distributor agreement.

  • Understanding distributor and supplier objectives – and how they can be harmonized
  • Legal framework of distributor agreements
  • Products covered and how they are defined and altered over time
  • Exclusivity – territory and products
  • Support – training, advertising, promotion
  • Supply guarantees, timeliness of performance
  • Pricing – who controls and antitrust considerations

Contributors

  • Joel R. Buckberg

    Joel R. Buckberg is a shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. and chair of the firm's commercial transactions and business consulting group. He has more than 45 years' experience structuring and drafting commercial, corporate and business transactions. He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation. Mr. Buckberg received his B.S. form Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.

    Click here for more information about Joel.

August 8, 2023
Tue 1:00 PM EDT

Duration 1H 0M

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