This Non-Exclusive Agreement template is designed to facilitate commercial arrangements where parties wish to establish business relationships without granting exclusive rights. It is particularly useful in situations where a service provider, manufacturer, or rights holder wants to maintain the flexibility to enter into similar arrangements with multiple parties. The document has been drafted in accordance with New Zealand law, incorporating requirements from key legislation such as the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Commerce Act 1986. It includes essential provisions for protecting intellectual property rights, maintaining confidentiality, and defining clear operational parameters while ensuring the non-exclusive nature of the relationship is properly established and maintained. This template is adaptable across various industries and can be customized to specific business needs while maintaining compliance with New Zealand legal requirements.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the non-exclusive nature of the arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation
4. Grant of Rights: Clearly specifies the non-exclusive rights being granted and their scope
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Obligations of the Parties: Details the responsibilities and commitments of each party
7. Payment Terms: Outlines fees, payment schedule, and related financial terms
8. Intellectual Property: Addresses ownership and usage rights of intellectual property
9. Confidentiality: Defines confidential information and obligations regarding its protection
10. Liability and Indemnification: Sets out liability limitations and indemnification obligations
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Performance Standards: Include when specific quality or performance metrics need to be maintained
2. Territory: Add when the agreement needs to specify geographical limitations
3. Minimum Requirements: Include when setting minimum performance or purchase requirements
4. Reporting and Audit Rights: Add when regular reporting or audit rights are necessary
5. Insurance: Include when specific insurance coverage requirements exist
6. Data Protection: Add when personal data processing is involved
7. Competition Law Compliance: Include when the arrangement could raise competition law concerns
8. Force Majeure: Add when specific provisions for unforeseen circumstances are needed
1. Schedule 1 - Services/Products: Detailed description of services or products covered by the agreement
2. Schedule 2 - Fees and Charges: Detailed breakdown of all applicable fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and standards if applicable
4. Schedule 4 - Territory Map: Geographic boundaries if territory restrictions apply
5. Appendix A - Contact Details: Key contact information for both parties
6. Appendix B - Technical Requirements: Any technical specifications or requirements
7. Appendix C - Compliance Requirements: Specific regulatory or compliance obligations
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Retail
Distribution
Media and Entertainment
Software
Professional Services
Consumer Goods
Healthcare
Education
Telecommunications
Publishing
Real Estate
Financial Services
Relevant Teams
Legal
Commercial
Business Development
Sales
Procurement
Operations
Compliance
Executive Leadership
Partnership Management
Contract Administration
Relevant Roles
Legal Counsel
Commercial Manager
Business Development Manager
Contract Manager
Operations Director
Sales Director
Procurement Manager
Licensing Manager
Partnership Manager
Channel Manager
Chief Executive Officer
General Manager
Legal Director
Compliance Officer
Commercial Director
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