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Key Provisions To Include In Your Distribution Agreements

The ten steps that wineries, breweries and distilleries should take to protect their brand when negotiating distribution contracts in new territories.

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In order to be successful in the US market, it is essential that brand owners understand how to accurately target appropriate distribution partners and execute a distribution deal that includes well negotiated terms that are fair and profitable for both parties.

Discussing the rights of both your current and future products, defining territories and exclusivity, setting the blueprint for current and frequency of price changes, agreeing on payment terms – these are just a few of the main components of a well laid out distribution agreement that delineates the roles and responsibilities of both you and your distributor.

In this presentation, Donna Hartman (Beverage Alcohol / Corporate Attorney), goes through the ten steps that wineries, breweries and distilleries should take to protect their brand when negotiating distribution contracts in new territories.  From your products to the dissolution of your contract, thorough understanding of the terms of your partnerships is the first step to succesful expansion.  Here are the ten factors you need to consider in any distribution contract:

1. Products

2. Territory

3. Pricing and Payment

4. Roles and Responsibilites

5. Term of Contract

6. Termination of Contract

7. Intellectual Property

8. Events Upon Termination

9. Franchise State Laws

10. Dispute Resolution
 

 

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