Commercial contracts
Distribution exclusivity. What are you agreeing to?
Starting point
Define the territory, products, channels and customers covered. Check how the parties treat the manufacturer’s online store and existing customers. Specific definitions make it easier to see where each party can still operate independently.
What to agree in practice
Agree how to assess performance, the reporting method, review period and circumstances for returning to a non-exclusive model. Consider the commercial aim separately from the legal assessment of restrictions in the specific distribution arrangement.