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 will provide you with a practical guide to drafting the most essential provisions of distributor agreements.
- 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
Speaker:
Joel R. Buckberg is a partner in Nashville office of Baker Donelson, P.C. and vice chair of the firm’s corporate group. He has more than 40 years’ experience in corporate and business transactions. His practice focuses on corporate and asset transactions and operations, particularly in hospitality, franchising and distribution. 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. from Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.