Exclusive Distribution Agreement Territory

(d) Ownership reserve by the supplier. The supplier reserves the right to take the following steps at any time under [insert number] ([insert number]) calendar days prior to written notification to the distributor without any responsibility: (i) add or remove products from Schedule B, (ii) modify or update the design of the products or part of the products, and (iii) exclusively for sale directly or indirectly, to certain types of customers or to certain accounts in the territory. Fourthly, the supplier must prohibit active sales by all other (European) customers in the exclusive territory or on the exclusive block of customers and protect an exclusive distributor from the active sale by all other (European) customers of the supplier. This parallel tax requirement is closely linked to the previous condition and is necessary for the operation of an exclusive distribution system. (a) non-disclosure and non-use obligations. Unless pre-derogation, in writing by the unveiling party or to the extent expressly authorized by this agreement, the receiving party, unless prescribed by law or by law, will not be used or disclosed to third parties for the duration and duration of a period of [insert number in words] ([insert number]) of subsequent years. The receptive party may not disclose confidential information to the party who has disclosed it only to its staff members or contractors who are required to know this information. In addition, before disclosing this confidential information to such an employee or contractor, this staff member or contractor is informed of the confidentiality of the confidential information and establishes or is already bound by a confidentiality agreement with conditions that are in accordance with the terms set out in this agreement. In all cases, the receiving party is liable for any violation of the terms of this contract by any of its employees or contractors. The receiving party uses the same care to avoid disclosing the confidential information of the party that has published the information that the receiving party uses for its own confidential information of similar importance, but no less than an appropriate degree of care. It is an agreement that ensures that only a distributor, for a specific region, market, product or other company, has exclusive rights to market that product in that market.

However, exclusivity does not limit the direct sale of the supplier. A supplier may also decide not to use distributors in a particular territory or for a particular block of customers, but to keep that territory or block of customers to itself, even if it is not (yet) present in that territory or in relation to that block of customers. The supplier can do this because it has not (yet) found a suitable distributor or because it already has an appropriate distribution system in this area. It also means that in addition to a distributor, a supplier can start selling and compete directly with a distributor. Please note that in this case, there is not only a vertical relationship, but also a horizontal relationship between the supplier and the distributor. They become competitors to each other and must therefore be cautious, especially with regard to the information they exchange within the distribution system: the exchange of economically sensitive information would quickly lead to suspicions of violation of the prohibition of cartels.

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