Exclusive Seller Agreement for Australia

Exclusive Seller Agreement Template for Australia

This document establishes an exclusive commercial relationship between a principal/manufacturer and a seller/distributor under Australian law. It grants exclusive rights to sell specified products or services within a defined territory, setting out detailed terms including performance requirements, commission structures, and compliance with Australian competition law. The agreement includes comprehensive provisions for territory rights, performance metrics, support obligations, intellectual property usage, and termination conditions, all structured to ensure compliance with the Competition and Consumer Act 2010 (Cth) and relevant state legislation.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Exclusive Seller Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Exclusive Seller Agreement?

The Exclusive Seller Agreement is a crucial commercial document used when a business wants to grant exclusive distribution rights to another party within Australia. This agreement is particularly important in situations where a manufacturer or principal wishes to establish a dedicated sales channel while maintaining control over how their products or services are sold in specific territories. The document needs to carefully balance the requirements of Australian competition law, particularly the Competition and Consumer Act 2010 (Cth), with commercial objectives. It typically includes detailed provisions about exclusivity scope, performance requirements, territory definitions, and support obligations. The agreement is designed to protect both parties' interests while ensuring compliance with relevant federal and state legislation, making it essential for businesses establishing exclusive distribution relationships in the Australian market.

What sections should be included in a Exclusive Seller Agreement?

1. Parties: Identification and details of the principal/manufacturer and the exclusive seller

2. Background: Context of the agreement, including brief description of the business relationship and purpose

3. Definitions: Defined terms used throughout the agreement

4. Appointment and Scope: Terms of exclusive appointment, territory coverage, and products/services included

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

6. Exclusivity Provisions: Specific terms of exclusivity, including any limitations or exceptions

7. Seller's Obligations: Key responsibilities, performance requirements, and service standards

8. Principal's Obligations: Support, supply commitments, and other obligations of the principal

9. Pricing and Payment Terms: Pricing structure, payment terms, and commission arrangements

10. Intellectual Property: Usage rights for trademarks, brands, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination and termination process

13. Post-Termination Obligations: Obligations and restrictions after agreement ends

14. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Exclusive Seller Agreement?

1. Minimum Performance Requirements: Specific sales targets or KPIs, used when performance benchmarks are crucial

2. Training and Support: Details of training and support provided by principal, included when significant support is part of the arrangement

3. Marketing and Promotion: Marketing obligations and cost sharing, relevant when marketing is a significant component

4. Sub-contractors: Rights and conditions for engaging sub-contractors, needed if sub-contracting is permitted

5. Insurance: Specific insurance requirements, included for high-value or high-risk arrangements

6. Data Protection: Specific data handling requirements, needed when personal data is processed

7. Non-Competition: Post-termination competition restrictions, included when protecting market position is crucial

8. Audit Rights: Principal's rights to audit seller's performance, included for complex or high-value arrangements

What schedules should be included in a Exclusive Seller Agreement?

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the agreement

2. Schedule 2 - Territory: Detailed description of geographical territory and any exclusions

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

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

5. Schedule 5 - Technical Requirements: Technical specifications and standards to be maintained

6. Schedule 6 - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

7. Appendix A - Reporting Templates: Standard forms for performance reporting

8. Appendix B - Brand Guidelines: Guidelines for use of principal's branding and marketing materials

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 | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Clauses
Relevant Industries

Manufacturing

Retail

Distribution

Consumer Goods

Industrial Products

Technology

Pharmaceuticals

Automotive

Food and Beverage

Medical Devices

Electronics

Luxury Goods

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Supply Chain

Procurement

Compliance

Distribution

Channel Management

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Legal Counsel

Contract Manager

Distribution Manager

Operations Manager

Supply Chain Manager

Procurement Manager

Channel Manager

Regional Sales Manager

General Counsel

Chief Commercial Officer

Head of Sales

Head of Distribution

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Sell By Owner Purchase Agreement

An Australian legal agreement for direct property sales between private sellers and buyers, without real estate agent involvement.

Download

Purchaser And Seller Agreement

An Australian law-governed agreement defining terms and conditions for sale and purchase transactions between parties, including price, delivery, warranties, and obligations.

Download

Sell Agreement Letter

An Australian jurisdiction document that formalizes sale transactions between parties, outlining key terms and conditions while ensuring legal compliance.

Download

Sale Agreement Between Two Parties

An Australian-compliant agreement documenting the terms and conditions of a sale transaction between two parties, including price, delivery, and warranties.

Download

Real Estate Contract Assignment Form

An Australian legal document that facilitates the transfer of rights and obligations under an existing property contract from one buyer to another, compliant with Australian property law.

Download

Real Estate Land Purchase Agreement

An Australian law-governed agreement for the sale and purchase of real property, detailing terms, conditions, and obligations of the transaction.

Download

Buy Sell Agreement For LLC

An Australian-law governed agreement that regulates the buying and selling of company shares between shareholders in a Proprietary Limited Company upon specified trigger events.

Download

Simple Car Purchase Agreement

An Australian-compliant template for documenting vehicle sales transactions, suitable for both private and commercial vehicle transfers.

Download

Property Buy Sell Agreement

An Australian legal agreement governing the sale and purchase of real property, outlining terms, conditions, and obligations of all parties involved in the transaction.

Download

Aircraft Purchase And Sale Agreement

An Australian law-governed agreement for the sale and purchase of aircraft, detailing transfer terms, specifications, and regulatory compliance requirements.

Download

Purchase Price Agreement

An Australian-law governed agreement setting out terms and conditions for purchase transactions, including price, payment terms, and completion requirements.

Download

Contract For Selling A Car

An Australian-law governed agreement for the sale and purchase of a motor vehicle, ensuring compliance with federal and state regulations while protecting both parties' interests.

Download

Vessel Purchase And Sale Agreement

An Australian law-governed agreement for the sale and purchase of a vessel, detailing terms, conditions, and transfer of ownership requirements.

Download

Restaurant Sale Agreement

An Australian law-governed agreement for the sale and purchase of a restaurant business, including assets, licenses, and operational transfers.

Download

Manufactured Home Purchase Agreement

An Australian law-governed agreement for the sale and purchase of a manufactured home, detailing transaction terms and regulatory compliance requirements.

Download

Legal Sales Agreement

An Australian law-governed agreement that formalizes sales transactions, detailing terms, conditions, and obligations of both parties.

Download

Land Sales Agreement

An Australian legal agreement documenting the terms and conditions for the sale and purchase of real property, compliant with state and federal property laws.

Download

Land Buying Contract

An Australian law-governed contract for the sale and purchase of land, establishing terms, conditions, and obligations for property transfer between vendor and purchaser.

Download

Horse Bill Of Sale Purchase Agreement

An Australian-compliant legal agreement documenting the sale and purchase of a horse, including ownership transfer and warranty terms.

Download

For Sale By Owner Offer To Purchase Contract

An Australian legal contract for direct property sales between owner and buyer, without real estate agent involvement.

Download

Conditional Sale And Purchase Agreement

An Australian law-governed agreement that sets out terms for a conditional sale and purchase transaction, where the sale completion is subject to specified conditions being met.

Download

Confidentiality Agreement For Sale Of Business

An Australian-law governed confidentiality agreement protecting sensitive information during business sale processes.

Download

New Construction Residential Purchase Agreement

An Australian legal agreement for the purchase of newly constructed residential properties, combining property purchase and construction specifications under Australian law.

Download

Bill Of Sale Asset Purchase

An Australian legal document evidencing the sale and transfer of personal property assets from seller to buyer, compliant with federal and state legislation.

Download

Agreement To Sell And Purchase

An Australian law-governed agreement that documents the terms and conditions for the sale and purchase of property, assets, or business interests.

Download

Vacant Land Lot Purchase Contract

An Australian jurisdiction contract for the purchase and sale of vacant land, establishing terms and conditions for land ownership transfer while ensuring compliance with local property laws.

Download

Second Hand Bike Purchase Agreement

An Australian legal agreement for the sale and purchase of a second-hand motorcycle, incorporating relevant consumer law provisions and vehicle transfer requirements.

Download

Real Estate Bill Of Sale Contract

An Australian legal contract documenting the terms and conditions for the sale and purchase of real estate property, ensuring compliance with state and federal property laws.

Download

As Is Where Is Sale Agreement

Australian-law governed agreement for the sale of assets in their current condition without warranties, where the buyer accepts all risks regarding the asset's condition.

Download

Contract For Buying Land From Owner

An Australian law-governed agreement for the sale and purchase of land, detailing all essential terms and conditions of the property transfer.

Download

No Home Sale Contract

An Australian legal agreement preventing real estate agents from purchasing properties they are engaged to sell, ensuring compliance with local property laws and ethical standards.

Download

Business Purchase Term Sheet

An Australian-compliant preliminary document outlining key terms and conditions for a business purchase transaction, serving as a basis for the final purchase agreement.

Download

Advance Agreement For Sale Of Land

An Australian legal document establishing the preliminary terms and conditions for a future property sale, including purchase price, deposit arrangements, and settlement conditions.

Download

Private Land Purchase Agreement

An Australian legal agreement governing the sale and purchase of private land, detailing terms, conditions, and obligations of both parties.

Download

Horse Sales Agreement With Payment Plan

An Australian-law governed agreement for horse sales with structured payment terms, including ownership transfer and maintenance obligations.

Download

Promissory Note Purchase And Sale Agreement

An Australian law agreement governing the sale and purchase of promissory notes, including transfer terms and regulatory compliance requirements.

Download

Agreement To Sell Real Estate Form

An Australian legal document that formalizes the sale and purchase of real estate property, complying with relevant state and federal property laws.

Download

Purchase Agreement For Buying A Business

An Australian law-governed agreement for the sale and purchase of a business, covering all aspects of the transaction including assets, liabilities, and regulatory requirements.

Download

Letter Of Agreement To Sell Property

An Australian legal document outlining the agreed terms between property seller and buyer, serving as a preliminary agreement before the formal contract of sale.

Download

Commercial Agreement Of Purchase And Sale

An Australian law-governed agreement establishing terms and conditions for commercial sale transactions between businesses.

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

2 Docs LeftAccess Now