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Competition law

1. Non-exclusive distribution agreements

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A family of documents
These distribution agreement templates set out the obligations of a supplier and a distributor in relation to a non-exclusive distributorship - that is, a distributorship granted on the basis that other distributors may be appointed with respect to the same market. All the agreements include provisions covering the scope of the appointment, the specific duties of the parties, order procedures, charges, payments, confidentiality and liability. In addition, all the agreements include a schedule containing terms and conditions of supply.

2. Non-solicitation agreement (unilateral)

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This is a unilateral non-solicitation agreement: all the non-solicitation obligations restrict the freedom of one party for the benefit of the other. The specific non-solicitation restrictions in the document include: (i) a prohibition on entering into contracts or other business dealings with relevant persons; (ii) a prohibition on employing or becoming the employee of relevant persons; (iii) a prohibition on forming a ...

3. Non-solicitation agreement (mutual)

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This is a straightforward non-solicitation agreement template. The template is designed to help businesses to protect their legitimate interests through contractual prohibitions restricting dealings with third parties. The restraints of trade doctrine can affect the enforceability of a non-solicitation agreement. Contractual provisions that amount to covenants in restraint of trade are prima facie unenforceable. They will usually only be enforced by the courts ...

4. Confidentiality and non-solicitation agreement (unilateral)

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A business's confidential information may include information enabling others to solicit the business's customers, suppliers, contractor or employees, and thereby cause damage to the business. For this reason, you should consider including specific non-solicitation provisions in your non-disclosure or confidentiality agreement. This is a unilateral (or one-way) template, and so it will only serve to protect the information and business ...

5. Confidentiality and non-solicitation agreement (mutual)

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This agreement template has been designed for the situation where two parties wish to impose both confidentiality and non-solicitation obligations upon each other. In other words, the confidentiality and non-solicitation obligations will be mutual. The confidentiality provisions may restrict not just the disclosure of confidential information, but also the manner of its use. Flexible definitions of "confidential information" are included, allowing for both ...

6. Exclusive distribution agreements

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2
DOCUMENTS IN THIS FAMILY
A family of documents
These template distribution agreements can be used by a supplier granting exclusive rights to a product distributor. Typically, the exclusivity will relate to a particular geographic marketplace. Both versions of the agreement include a schedule containing terms and conditions governing product supply (including transfer of title, transfer of risk and supplier warranties).

7. Commission agreements

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5
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A family of documents
Under each of these commission agreement templates, one party will pay the other party commission in relation to a particular event or type of event. For example, commission may be paid in relation to the introduction of a customer by one party to the other. The longer versions of the template also include clauses covering the confidentiality of information and/or the non-solicitation of connected persons.

8. Referral partner agreement

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Under this referral partner agreement, a service provider may appoint another business to refer customers. In exchange for each referral, the service provider will pay commission to the referral partner. The agreement assumes that the service provider will operate some kind of referral tracking system, and that commission will be payable in respect of customers attributed to the referral partner by that system. There may ...

9. Mutual referral and commission agreement

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Under this mutual referral and commission agreement, each party may refer customers to the other party in consideration for the other party paying commission to the referring party. Limitations may be placed upon the scope of the referral rights. For instance, the rights of the referring party to market the services of the other party may be limited to a particular territory. Alternatively or in ...