Book Distribution Agreement Template for Australia

The Book Distribution Agreement is essential for publishers seeking to establish formal distribution channels for their publications in Australia and potentially international markets. This agreement is typically used when a publisher wants to engage a professional distributor to handle the warehousing, distribution, and sales of their books to retailers and other customers. It needs to comply with Australian legislation, including the Competition and Consumer Act 2010 and Copyright Act 1968, while addressing practical aspects of book distribution such as territory rights, ordering processes, returns policies, and reporting requirements. The agreement can be adapted for various scales of operation, from small independent publishers to large publishing houses, and may include provisions for both physical and digital book distribution.

1. Parties: Identifies and provides full details of the publisher and distributor

2. Background: Outlines the context of the agreement, including the publisher's rights to the books and distributor's capabilities

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Territory: Establishes the distributor's appointment and defines the geographic territory for distribution

5. Distribution Rights and Obligations: Details the specific rights granted and core obligations of the distributor

6. Supply of Books: Covers ordering processes, delivery terms, and stock management requirements

7. Pricing and Payment Terms: Specifies wholesale pricing, payment terms, and invoicing requirements

8. Marketing and Promotion: Outlines marketing responsibilities and requirements

9. Reporting and Records: Details the reporting obligations and record-keeping requirements

10. Representations and Warranties: Contains standard and specific warranties from both parties

11. Intellectual Property: Addresses trademark usage and protection of intellectual property rights

12. Term and Termination: Specifies duration, renewal options, and termination rights

13. Post-Termination: Covers obligations and rights after agreement ends

14. Confidentiality: Protects confidential information of both parties

15. General Provisions: Contains standard boilerplate clauses