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Simple Exclusivity Agreement Template for Australia

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Key Requirements PROMPT example:

Simple Exclusivity Agreement

"I need a Simple Exclusivity Agreement for my technology company to appoint an exclusive distributor in Western Australia for our software products, with the agreement to commence on March 1, 2025, and include quarterly performance targets."

Document background
The Simple Exclusivity Agreement is a fundamental commercial contract used when one party wishes to grant another party exclusive rights within a specific context or territory in Australia. This document is particularly relevant when businesses seek to establish protected commercial relationships, such as exclusive distribution arrangements, sole agency appointments, or territorial exclusivity rights. The agreement addresses key aspects required under Australian law, including competition law compliance, clear definition of exclusive rights, territorial scope, and duration. The Simple Exclusivity Agreement typically includes provisions for performance standards, termination rights, and protection mechanisms for both parties. It's designed to provide a clear framework for exclusive commercial relationships while ensuring compliance with Australian competition laws and regulations, particularly the Competition and Consumer Act 2010 (Cth).
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the exclusivity agreement

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Exclusivity: Details the exclusive rights being granted and their scope

5. Term and Duration: Specifies the duration of the exclusivity period and any renewal options

6. Obligations of Grantor: Lists the obligations of the party granting exclusivity

7. Obligations of Grantee: Lists the obligations of the party receiving exclusive rights

8. Territory: Defines the geographic area where the exclusivity applies

9. Termination: Sets out circumstances and procedures for ending the agreement

10. Confidentiality: Protects confidential information exchanged during the relationship

11. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Minimum Performance Requirements: Used when the exclusivity is conditional on meeting certain performance targets

2. Non-Compete Provisions: Include when additional competitive restrictions are needed beyond the basic exclusivity

3. Sub-contracting Rights: Include when the grantee may need to sub-contract certain obligations

4. Insurance Requirements: Include when specific insurance coverage is required for the exclusive arrangement

5. Intellectual Property Rights: Include when the exclusivity involves use of trademarks, patents, or other IP

6. Change of Control: Include when the agreement should address ownership changes in either party

7. Force Majeure: Include when parties want to address circumstances beyond their control

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed description or map of the exclusive territory

2. Schedule 2 - Products or Services: Detailed list of products or services covered by the exclusivity

3. Schedule 3 - Performance Metrics: Specific performance targets and measurement criteria

4. Schedule 4 - Fee Schedule: Details of any fees, royalties, or financial arrangements

5. Appendix A - Reporting Template: Standard format for required performance or activity reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































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Relevant Industries

Retail

Manufacturing

Distribution

Technology

Consumer Goods

Professional Services

Healthcare

Automotive

Agriculture

Construction

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Commercial

Business Development

Sales

Operations

Procurement

Compliance

Distribution

Partner Management

Contract Administration

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Contract Manager

Operations Manager

Distribution Manager

Channel Partner Manager

Territory Manager

Procurement Manager

Compliance Officer

General Manager

Regional Sales Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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