The Exclusive Seller Agreement is a crucial commercial contract used when a manufacturer or supplier wishes to grant exclusive selling rights to a specific seller in Belgium or a defined territory. This document is particularly relevant in situations requiring a structured distribution relationship with territorial exclusivity, typically in sectors with specialized products or services requiring dedicated sales focus. The agreement must comply with Belgian commercial law requirements, including mandatory notice periods and termination provisions, while also adhering to EU competition law regulations regarding vertical agreements. It includes detailed provisions on performance targets, territory definitions, pricing structures, and support obligations, making it suitable for businesses seeking to establish a strong, exclusive commercial presence in specific markets.
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1. Parties: Identification of the seller and principal, including full legal names, registration details, and registered offices
2. Background: Context of the agreement, brief description of the parties' businesses, and their intention to enter into an exclusive selling arrangement
3. Definitions: Key terms used throughout the agreement, including Products, Territory, Exclusive Rights, etc.
4. Appointment and Scope: Terms of exclusive appointment, definition of territory, and scope of products covered
5. Duration: Initial term and renewal provisions, compliant with Belgian commercial law requirements
6. Exclusivity Obligations: Detailed terms of exclusivity, including restrictions on both parties
7. Seller's Rights and Obligations: Comprehensive list of seller's responsibilities, sales targets, and reporting requirements
8. Principal's Obligations: Supply commitments, support provisions, and other principal obligations
9. Pricing and Payment Terms: Product pricing structure, payment terms, currency, and invoicing requirements
10. Intellectual Property: Usage rights for trademarks, logos, and other IP during the agreement term
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Termination grounds and procedures, including mandatory notice periods under Belgian law
13. Post-Termination: Rights and obligations after termination, including stock handling and transition arrangements
14. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction for disputes
1. Non-Compete: Post-termination competition restrictions, if allowed under applicable law and circumstances
2. Insurance: Required insurance coverage, if specific insurance obligations are necessary
3. Data Protection: GDPR compliance provisions, if personal data processing is involved
4. Force Majeure: Events excusing performance, if parties want specific force majeure provisions
5. Anti-Corruption: Compliance with anti-corruption laws, if dealing with public sector or high-risk territories
6. Assignment: Rights to assign or transfer the agreement, if transfer flexibility is needed
7. Change of Control: Provisions dealing with ownership changes, if relevant to the commercial relationship
1. Products Schedule: Detailed list and specifications of products covered by the agreement
2. Territory Schedule: Detailed definition and/or map of the exclusive territory
3. Pricing Schedule: Detailed pricing structures, discounts, and commission calculations
4. Performance Targets: Specific sales targets and performance metrics
5. Technical Requirements: Technical specifications and standards for product handling and storage
6. Marketing Guidelines: Brand usage rules and marketing requirements
7. Service Level Agreement: Detailed operational requirements and service levels
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