Exclusivity Agreement for South Africa

Exclusivity Agreement Template for South Africa

This document establishes and governs exclusive commercial relationships between parties under South African law, setting out the terms and conditions of exclusivity in business dealings. It addresses key aspects such as territorial restrictions, duration of exclusivity, performance requirements, and compliance with South African competition laws. The agreement includes specific provisions to ensure alignment with local regulatory requirements, including the Competition Act 89 of 1998 and relevant consumer protection legislation, while establishing clear boundaries for the exclusive relationship and mechanisms for enforcement.

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
Exclusivity 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 Exclusivity Agreement?

The Exclusivity Agreement is a crucial legal instrument used in South African business contexts where parties wish to establish exclusive commercial relationships. It is particularly relevant when one party seeks to grant another party exclusive rights to distribute products, provide services, or operate in specific territories. The document must carefully balance commercial interests with South African competition law requirements, particularly under the Competition Act 89 of 1998, to avoid creating prohibited monopolistic situations. This agreement typically includes detailed provisions on the scope of exclusivity, duration, performance requirements, and compliance mechanisms, while incorporating necessary safeguards to protect both parties' interests and ensure legal compliance. It's commonly used in distribution arrangements, franchise relationships, and technology licensing scenarios where territorial or market exclusivity is a key business requirement.

What sections should be included in a Exclusivity Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Grant of Exclusivity: Core terms establishing the exclusive relationship and its scope

5. Duration and Term: Period of exclusivity and renewal provisions

6. Obligations of the Grantor: Commitments and restrictions on the party granting exclusivity

7. Obligations of the Grantee: Requirements and commitments of the party receiving exclusive rights

8. Territory/Scope: Geographic or other limitations of the exclusivity

9. Competition Law Compliance: Provisions ensuring compliance with competition laws

10. Termination: Circumstances and procedures for ending the agreement

11. Confidentiality: Protection of confidential information exchanged

12. Governing Law and Jurisdiction: Application of South African law and jurisdiction

13. General/Boilerplate Provisions: Standard contractual provisions including notices, amendments, etc.

What sections are optional to include in a Exclusivity Agreement?

1. Minimum Performance Requirements: Used when the exclusivity is conditional on meeting certain performance targets

2. Marketing and Promotion: Include when the agreement requires specific marketing efforts

3. Non-Competition: Additional competitive restrictions beyond the basic exclusivity

4. Sub-contracting Rights: Include when the grantee may need to sub-contract certain obligations

5. Insurance Requirements: Include when specific insurance coverage is required

6. Intellectual Property Rights: Include when the agreement involves use of trademarks or other IP

7. Change of Control: Include when party ownership changes might affect the agreement

8. Force Majeure: Include when specific force majeure provisions are needed beyond standard terms

What schedules should be included in a Exclusivity Agreement?

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

2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory

3. Schedule 3 - Performance Metrics: Specific targets or KPIs if applicable

4. Schedule 4 - Pricing Structure: Pricing terms and conditions if relevant

5. Schedule 5 - Excluded Customers/Products: List of any exceptions to the exclusivity

6. Appendix A - Competition Law Compliance Guidelines: Detailed compliance requirements and procedures

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

South Africa

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Distribution

Technology

Automotive

Healthcare

Consumer Goods

Professional Services

Telecommunications

Entertainment

Fashion and Luxury Goods

Industrial Equipment

Software and IT

Food and Beverage

Relevant Teams

Legal

Commercial

Business Development

Sales

Procurement

Compliance

Operations

Contract Administration

Risk Management

Corporate Development

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Business Development Manager

Sales Director

Procurement Manager

Contract Manager

Compliance Officer

Operations Director

Managing Director

Distribution Manager

Franchise Manager

Partnership Manager

Territory Manager

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

Common Agreement

A standard contractual framework under South African law that establishes fundamental terms and conditions for business relationships.

find out more

Bilateral Contract

A South African law-compliant bilateral contract establishing mutual obligations between two parties with enforceable terms and conditions.

find out more

Basic Ordering Agreement

A South African law-governed framework agreement establishing terms and conditions for future orders between parties.

find out more

Consignment Agreement Form

A South African legal document establishing terms for consignment sales arrangements, where goods ownership remains with the supplier until final sale.

find out more

Contract Agreement Form

A versatile Contract Agreement Form template compliant with South African law, suitable for various commercial relationships and business arrangements.

find out more

Written Agreement

A formal legal document governed by South African law that establishes contractual relationships between parties, defining their rights and obligations.

find out more

Side Agreement

A South African law-governed supplementary agreement that modifies or adds to an existing main agreement while maintaining its core structure.

find out more

Incorporation Agreement

A South African law-governed agreement establishing a new company's structure, governance, and shareholder relationships under the Companies Act 71 of 2008.

find out more

Formal Agreement

A legally binding agreement governed by South African law that formalizes relationships between parties, ensuring compliance with local legislation and establishing clear terms and obligations.

find out more

Casual Worker Contract

A South African-compliant casual worker employment contract establishing terms and conditions for temporary employment relationships.

find out more

Business Transfer Agreement

A South African law-governed agreement for the transfer of a business as a going concern, including assets, employees, and liabilities.

find out more

Boilerplate Agreement

A standard agreement template compliant with South African law, providing essential contractual framework for business relationships.

find out more

Amended Contract

A South African law-governed document that formally modifies terms and conditions of an existing contract while maintaining its validity.

find out more

Tooling Agreement

A South African law-governed agreement establishing terms for industrial tool design, manufacture, supply, and maintenance, compliant with local manufacturing and safety regulations.

find out more

Service Agreement Terms And Conditions

South African service agreement terms and conditions document establishing the legal framework for service provision between providers and clients.

find out more

Representation Agreement

A South African law-governed agreement establishing the terms and conditions under which a Representative may act on behalf of a Principal.

find out more

Common Terms Agreement

A master agreement under South African law that establishes common terms across multiple facility agreements in syndicated lending arrangements.

find out more

Buyer Agency Agreement

A South African legal agreement establishing an estate agent's authority to represent a buyer in property transactions, governed by local real estate laws.

find out more

Labour Contract Copy

A South African employment agreement establishing terms and conditions of employment in compliance with local labor laws.

find out more

Employee Agreement Form

A South African law-compliant employment agreement establishing terms and conditions between employer and employee.

find out more

Statement Of Agreement

A formal document under South African law recording mutual understanding and agreed terms between parties, serving as a binding record of arrangements and commitments.

find out more

Rent In Exchange For Services Agreement

A South African law-governed agreement establishing terms for accommodation provided in exchange for specified services.

find out more

Contractual Agreement

A legally binding Contractual Agreement template compliant with South African law and commercial practices.

find out more

Security Agreement Form

A South African law-governed agreement creating security interests over assets, detailing the security arrangements and enforcement rights between a security provider and secured party.

find out more

Business Cooperation Agreement

A South African law-governed agreement establishing terms and conditions for business collaboration between multiple parties.

find out more

Employee Training Reimbursement Agreement

A South African law-compliant agreement setting out terms for employer-funded training and employee reimbursement obligations.

find out more

Terms Of Business Agreement

A South African law-governed agreement establishing core business terms and conditions between service providers and clients.

find out more

Contract Of Indemnity And Guarantee

A South African law-governed agreement establishing guarantee and indemnity obligations, defining terms for financial security and risk mitigation between parties.

find out more

Intent To Purchase Agreement

A South African legal document expressing formal intention to purchase property or assets, outlining preliminary terms and conditions for the proposed transaction.

find out more

Professional Services Retainer Agreement

A South African law-governed agreement establishing terms for ongoing professional services delivery under a retainer arrangement.

find out more

Supply Contract Form

A South African law-governed agreement establishing terms and conditions for the regular supply of goods or services between supplier and purchaser.

find out more

Business Contract

South African business contract template incorporating key legislative requirements and commercial terms for business-to-business relationships.

find out more

Umbrella Agreement

A South African law-governed master agreement establishing framework terms for future specific agreements between parties.

find out more

Share Purchase Agreement

A South African law-governed agreement documenting the terms and conditions for the sale and purchase of shares in a company.

find out more

Professional Services Contract

A South African law-governed agreement establishing terms and conditions for professional services delivery between a service provider and client.

find out more

Consulting Services Agreement

South African law-governed agreement establishing terms and conditions for consulting services provision, including scope, payments, and compliance requirements.

find out more

Buyer Representation Agreement

A South African law-compliant agreement establishing professional representation between a property buyer and real estate agent, outlining services, duties, and compensation terms.

find out more

Master Service Agreement

A South African law-governed framework agreement establishing core terms for ongoing service delivery relationships between service providers and clients.

find out more

Yearly Contract Agreement

A one-year contractual agreement compliant with South African law, establishing terms, conditions, and obligations between parties.

find out more

White Label Agreement

A South African law-governed agreement enabling one party to rebrand and market another party's products/services under their own brand, with defined terms for licensing, operations, and compliance.

find out more
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