Agency And Distribution Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes and regulates the commercial relationship between a principal/supplier and an agent/distributor. The agreement sets out the terms under which the agent/distributor will market, sell, or distribute the principal's products within a defined territory. It addresses key aspects including appointment terms, territorial rights, performance obligations, commission structures, intellectual property usage, and compliance with Australian competition and consumer laws. The document incorporates specific provisions required under Australian legislation, including the Competition and Consumer Act 2010 and relevant state-based commercial regulations.

Typically:
£1,725
i
This cost is based on prices provided by
6 legal services in your market.
With Genie AI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Agency And Distribution Agreement?

This Agency and Distribution Agreement is designed for use in the Australian market where a business seeks to establish a formal relationship with agents or distributors to expand their market presence. The document is essential for companies looking to create a structured distribution network or appoint agents to represent their interests in specific territories. It complies with Australian legal requirements, including the Competition and Consumer Act 2010, and addresses crucial aspects such as territorial rights, performance targets, commission structures, and compliance obligations. The agreement is particularly important in protecting both parties' interests while ensuring clear operational guidelines and risk allocation. It includes provisions for both agency and distribution arrangements, allowing flexibility in structuring the commercial relationship while maintaining compliance with Australian competition law and fair trading regulations.

What sections should be included in a Agency And Distribution Agreement?

1. Parties: Identification of principal/supplier and agent/distributor with full legal details

2. Background: Context of the agreement, business relationship, and general commercial intent

3. Definitions: Defined terms used throughout the agreement, including Products, Territory, and specific commercial terms

4. Appointment and Scope: Terms of appointment, whether exclusive or non-exclusive, and precise scope of authority

5. Territory: Geographic area where agent/distributor is authorized to operate

6. Term and Renewal: Duration of the agreement and conditions for renewal

7. Rights and Obligations: Detailed responsibilities of both parties, including marketing, sales targets, and reporting requirements

8. Financial Terms: Commission structures, payment terms, pricing, and financial reporting obligations

9. Performance Targets: Minimum performance requirements and consequences of non-achievement

10. Marketing and Promotion: Requirements for marketing activities and brand promotion

11. Product Handling: Requirements for storage, handling, and delivery of products

12. Intellectual Property: Usage rights and restrictions regarding trademarks, logos, and other IP

13. Confidentiality: Protection of confidential information and trade secrets

14. Termination: Grounds for termination, notice periods, and post-termination obligations

15. General Provisions: Standard legal clauses including governing law, dispute resolution, and force majeure

What sections are optional to include in a Agency And Distribution Agreement?

1. Regulatory Compliance: Specific section for highly regulated industries or products requiring special permits/licenses

2. Import/Export: Required for international distribution arrangements, covering customs and trade compliance

3. Training and Support: Detailed when significant product training or technical support is required

4. Sub-Agents/Sub-Distributors: Include when the agreement allows appointment of sub-agents or sub-distributors

5. Insurance: Detailed insurance requirements section when dealing with high-value or high-risk products

6. Data Protection: Required when personal data processing is involved in the business relationship

7. Anti-Corruption: Important for international agreements or when dealing with government entities

8. Product Warranties: Detailed section when specific product warranties extend beyond standard terms

9. Competition Law Compliance: Detailed section when arrangement involves significant market share or sensitive territories

What schedules should be included in a Agency And Distribution Agreement?

1. Schedule 1 - Products: Detailed list of products covered by the agreement with specifications

2. Schedule 2 - Territory Definition: Detailed description of geographic territories and any excluded areas

3. Schedule 3 - Commission Structure: Detailed commission calculations, rates, and payment terms

4. Schedule 4 - Performance Targets: Specific sales targets, KPIs, and measurement criteria

5. Schedule 5 - Trademark Usage Guidelines: Specific requirements for use of principal's trademarks and branding

6. Schedule 6 - Reporting Templates: Standard forms for regular reporting requirements

7. Schedule 7 - Standard Operating Procedures: Detailed operational procedures and requirements

8. Schedule 8 - Product Handling Requirements: Specific requirements for storage, handling, and delivery

9. Appendix A - Compliance Checklist: Checklist of regulatory and operational compliance requirements

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

Find the exact document you need

Dealer Distributor Agreement

An Australian law-compliant agreement governing the relationship between distributors and dealers for product distribution and sales.

Download

Authorized Distribution Agreement

An Australian law-governed agreement establishing authorized distribution rights and obligations between a supplier and distributor, including territory rights and commercial terms.

Download

Sole Distributor Contract

An Australian-law agreement establishing exclusive distribution rights between a supplier and distributor, with comprehensive terms for product distribution within a specified territory.

Download

Simple Exclusive Distribution Agreement

An Australian law-governed agreement establishing exclusive distribution rights between a supplier and distributor for specified products within a defined territory.

Download

Joint Venture Distribution Agreement

An Australian law-governed agreement establishing a joint venture structure for product distribution, combining collaborative ownership with distribution rights and obligations.

Download

Distribution Agreement Pharmaceutical Products

An Australian law-governed agreement establishing terms for pharmaceutical product distribution, including regulatory compliance and commercial terms.

Download

Distribution Agreement Contract

An Australian law-governed agreement establishing the terms for a distributor to market and sell a supplier's products within a defined territory.

Download

Partnership Distribution Agreement

An Australian-law governed agreement establishing terms for product distribution through a partnership arrangement, including territorial rights, performance requirements, and operational procedures.

Download

Software Distribution Agreement

An Australian-law governed agreement establishing terms for software distribution rights, including commercial and technical requirements.

Download

Exclusive Reseller Agreement

Australian-law governed agreement establishing exclusive rights for a reseller to distribute products in a defined territory.

Download

Private Label Distribution Agreement

An Australian-law governed agreement establishing terms for manufacturing and distributing private label products, including quality standards, IP rights, and territorial restrictions.

Download

Royalty Distribution Agreement

An Australian agreement governing the calculation, collection, and distribution of royalties between multiple parties, including payment terms and reporting requirements.

Download

Distributor Reseller Agreement

An Australian law-governed agreement establishing the terms for product distribution and resale between a supplier and distributor, including territorial rights and commercial terms.

Download

International Exclusive Distribution Agreement

Australian-law governed agreement establishing exclusive distribution rights between a supplier and distributor for specified products in a defined territory.

Download

Sub Distribution Agreement

Australian-law governed agreement establishing terms and conditions for sub-distribution arrangements, including territory rights, obligations, and commercial terms.

Download

Simplified Distribution Contract

An Australian law-compliant simplified agreement establishing the key terms and conditions between a supplier and distributor for product distribution arrangements.

Download

Digital Distribution Agreement

Australian-compliant agreement governing digital content distribution rights, obligations, and technical requirements between content owners and distribution platforms.

Download

Content Distribution Agreement

An Australian-law governed agreement establishing terms for content distribution between content owners and distribution partners, covering licensing, revenue sharing, and compliance requirements.

Download

Asset Distribution Agreement

An Australian-law governed agreement establishing terms for asset distribution, including rights, obligations, and commercial terms between asset owners and distributors.

Download

Intercompany Distribution Agreement

An Australian law-governed agreement setting out product distribution arrangements between related companies within the same corporate group.

Download

Profit Distribution Agreement

An Australian law-governed agreement that establishes the framework and terms for profit distribution among business parties, including calculation methods and distribution mechanisms.

Download

Distribution License Agreement

An Australian law-governed agreement establishing distribution rights and obligations between a licensor and distributor, including territory rights, performance requirements, and operational terms.

Download

Exclusive Rights Agreement

An Australian law-governed agreement granting exclusive rights between parties, defining scope, territory, and terms while ensuring compliance with local competition laws.

Download

Supply And Distribution Agreement

An Australian law-governed agreement establishing terms for product supply and distribution arrangements between suppliers and distributors.

Download

Exclusive Distribution Contract

An Australian law-governed contract establishing exclusive distribution rights between a supplier and distributor within a defined territory.

Download

Equity Distribution Agreement

An Australian-law governed agreement establishing terms for the distribution of equity securities, including regulatory compliance and operational procedures.

Download

Non Exclusive Distribution Agreement

An Australian-law governed agreement establishing a non-exclusive distribution relationship between a supplier and distributor for the sale and distribution of products within a defined territory.

Download

Fund Distribution Agreement

An Australian law-governed agreement establishing the terms for marketing and distribution of investment funds, ensuring regulatory compliance and defining party responsibilities.

Download

Master Distributor Agreement

An Australian-law governed agreement establishing the terms and conditions between a supplier and master distributor for product distribution within specified territories.

Download

Agency And Distribution Agreement

An Australian law-governed agreement establishing the terms and conditions for product distribution or agency arrangements between a principal and agent/distributor.

Download
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it