During the application of the contract and for a period of five years after the expiry of the contract, the distributor retains all the terms of this agreement confidential and does not provide information contained in the agreement or information about the activity of the brand, in particular the brand`s brand, products, products and distribution network, unless required by law and if necessary for the implementation of the agreement. After the conclusion of this agreement for any reason, the distributor will immediately cease the use of the supplier`s trademarks, as permitted in this section, and will immediately take all appropriate and necessary measures to (a) remove all offers in public records, telephone directories, other directories, remove visual screens or literature from the distributor`s website. , on the Internet and elsewhere, inform or encourage the public to do so. , to believe that the distributor is the representative of the supplier (or one of its related companies) or one of its related companies; and (b) to cancel, abandon or transfer all product licenses, trademark applications, trademark applications or registrations or any other request from local governments (whether or not these applications have been accepted by the supplier) that may contain trademarks or names that are available with supplier trademarks. If this paragraph is not complied with, the supplier may request such moves, cancellations, waivers or assignments on behalf of the distributor. The distributor supports and reimburses the supplier for the costs incurred by the application of this paragraph. Licensing and distribution agreements can be a useful tool for suppliers in the distribution of their products or services. In this configuration, there is no obligation to set up a business in a given country to provide the full capital investments usually required. At the same time, licensing and distribution agreements can help to provide distributors and businesses, in their respective laws, with excellent opportunities for business activities. Especially if the local distributor is able to obtain exclusive rights to sell and sell requested products. In this scenario, the distributor does not need to make significant investments in the product development process.
The agreement can only be amended by the explicit and written mutual agreement of the contracting parties, in which case any modification or waiver of a provision of this agreement is annexed to the agreement and attached to the agreement. It is both important and usual to define the dispute resolution mechanism that governs the conduct of parties in the event of litigation in a producer-supplier distribution relationship case. There are many mechanisms that can be included in the allocation agreement, but the best way to proceed would be to determine which mechanism is best for the parties with respect to their relationships. For example, in some cases, it would be fair to determine a neutral arbitration procedure within a well-known institution, conducted in a “foreign” country for both parties, in accordance with the law in that country. In other cases, it is best to define the manufacturer`s country and its laws as an exclusive forum and right. Another possibility is to determine that the legal proceedings will take place in the defendant`s country of residence in accordance with his laws. one. As used here, the term “proprietary information” refers to all information, technical data or information relating to products, software, services, development, inventions, processes, techniques, customers, pricing, internal procedures, business plans and marketing or business strategies, finance, employees and business opportunities, which are disclosed directly or indirectly by a party (the “party to publication”), but not limited to , in writing, in a form readable by machines or by other tangible means.