The Non-Exclusive Reseller Agreement is essential for businesses looking to expand their distribution network in Canada while maintaining flexibility in their sales channels. This document is typically used when a supplier wants to authorize multiple resellers to sell their products in the same territory, creating a competitive distribution network. The agreement complies with Canadian federal and provincial commercial laws, including competition law requirements, and contains crucial provisions for protecting intellectual property rights, establishing pricing structures, and defining operational procedures. It's particularly valuable for businesses entering new markets or expanding their distribution channels without committing to exclusive arrangements, allowing for broader market penetration while maintaining control over product distribution and brand reputation.
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1. Parties: Identification of the manufacturer/supplier and the reseller with full legal names and addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and their intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of the non-exclusive appointment and scope of the reseller's rights
5. Territory: Definition of the geographical area where the reseller is authorized to sell
6. Products: Description of the products covered by the agreement
7. Ordering and Delivery: Procedures for ordering products, delivery terms, and logistics
8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
9. Obligations of the Reseller: Key responsibilities and commitments of the reseller
10. Obligations of the Supplier: Key responsibilities and commitments of the supplier
11. Intellectual Property: Protection and usage rights of trademarks, logos, and other IP
12. Term and Termination: Duration of the agreement and termination provisions
13. Confidentiality: Protection of confidential information
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Marketing and Promotion: Specific requirements for marketing activities and promotional materials - include when marketing obligations are substantial
2. Training Requirements: Details of required training programs - include when products require technical expertise
3. Performance Targets: Specific sales targets and performance metrics - include when minimum performance standards are required
4. Customer Support: Customer service and support requirements - include when after-sales service is critical
5. Insurance Requirements: Specific insurance coverage requirements - include when dealing with high-value or high-risk products
6. Data Protection: Specific data protection and privacy requirements - include when handling customer data
7. Export Controls: Export compliance requirements - include when international sales are involved
8. Return Policy: Product return and warranty procedures - include when dealing with consumer products
1. Schedule A - Product List: Detailed list of products covered by the agreement with specifications
2. Schedule B - Price List: Current pricing structure, including wholesale prices and recommended retail prices
3. Schedule C - Territory Map: Detailed description or map of the authorized sales territory
4. Schedule D - Trademark Usage Guidelines: Guidelines for using the supplier's trademarks and branding
5. Schedule E - Service Level Requirements: Detailed service level agreements and performance metrics
6. Schedule F - Technical Requirements: Technical specifications and requirements for product handling
7. Schedule G - Returns Procedure: Detailed procedures for handling product returns and warranties
8. Schedule H - Reporting Templates: Standard templates for required periodic reports
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