Document background
The Exclusive Sales Agreement is a crucial commercial document used when a business wishes to appoint another entity as its exclusive seller or distributor in a specific territory within Australia. This agreement is particularly important in situations where a manufacturer or supplier wants to establish a strong market presence through a dedicated sales channel while maintaining control over how their products are sold and distributed. It must carefully comply with Australian competition law, particularly regarding exclusive dealing provisions under the Competition and Consumer Act 2010. The document typically includes comprehensive terms covering exclusivity rights, performance targets, territory definitions, pricing structures, and marketing requirements. It's essential for businesses expanding their distribution network or entering new markets through exclusive partnerships, providing legal protection and clear operational guidelines for both parties.
