Does any body have experience drafting or structuring an Exclusive Right to Market Agreement for US Distribution and sales?
Does any body have experience drafting or structuring an Exclusive Right to Market Agreement for US Distribution and sales?
Health and Beauty product made and currently only distributed in Japan.
I've tested the product out and it's done well but I'm scared to keep going only to have the rug pulled out from underneath me.
Any suggestions on either the agreement, knowledge on typical terms, or how to protect myself if it can't be executed?
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Hi-
I've drafted these for other countries. I think several of the key elements you would seek are:
- matched incentives between you and the counterparty. You are seeking a smooth relationship with enough strength to make them flinch if they breach;
- properly drafted, a right to damages vis a vis another importer to which they ship;
- ensuring that it is adjudicated in the U.S. if possible.
Feel free to contact us if you have a question about it -
Nate
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Do you have a website, phone number or email?
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Hi - sorry, thought it was available. Feel free to write me at nlwhitehouse@whitehouselaw.com or call me at 212-731-9223. I am travelling out of the country for a few days on business so if you want to set up a time to speak that would probably be easiest.
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Hello Nate,
I work at a consulting firm and we are creating a VAR agreement with a consulting company from another country which would provide their service offer (off shore, on-going services). We would like to have an agreement that, like you said, matched incentives in the short and in the long run. We are working on a revenue share agreement but are worried about how to get compensated in case of termination. Any suggestion on how to tackle compensation if agreement is terminated?
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Hi Illinois Guest-
Feel free to reach out at nlwhitehouse@whitehouselaw.com to set up a free call to discuss. I think I would need to know more specifics - are you concerned about enforceability or matching incentives?
Thanks,
Nate
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We have structured such an arrangement in many different ways, including through a joint venture. We would need A LOT more information, but are happy to discuss.
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I have structured several start-up businesses for individuals importing health care and/or personal care products.
It will be important to understand your commitment to this project in terms of time and money in order to determine the best structure.
My firm also has strong contact with firms providing product marketing analysis and new product development which would be applicable to your situation.
I look forward to hearing from you.
Regards
B. Lane Hasler