2. Diskus has the power, until 30 June 2006, to cede all rights under this agreement in exchange for a payment of three (3), multiplied by all the commissions of the disc, which the discus earned during the twelfth (12) month beginning on 1 July 2005 and ending on 30 June 2006. Align makes this payment in five equal increments of 20 per cent (20%), each paid by the following dates: September 30, 2006, October 31, 2006, November 30, 2006, December 31, 2006 and January 31, 2007. In general, one of the first priorities of creating an agreement on exclusive marketing rights is to define the parties involved, their role in the agreement and their full contact information. The principal department heads of a company can be mentioned in addition to the lawyers involved in the development of the agreement. All agreements contain a list of definitions of keywords used in the agreement. It is quite common for small businesses that manufacture their own products to lack the manpower, skills or financial resources to bring their products into a larger market. If you are in this position, an exclusive marketing rights agreement might be a good option. An EMRA is a contract between your company and a distributor that grants the distributor a portion of the profits from the sales in exchange for advertising and selling your products. As an exclusive agreement, EMRA stipulates that only one company is authorized to sell your products in order to contain competition and potentially strengthen your brand presence. While your company could sell its products locally or over the Internet, it may want its products to reach a wider market.

However, this can take time and costly without the help of a distributor. One of the first clauses of a marketing rights agreement is therefore to specify the parties involved in the contract and their responsibilities. As the company that manufactures the products, your company is considered a manufacturer, and the other party that agrees to sell and sell its products is designated as a wholesaler. More importantly, the EMRA defines each party`s obligations to other parties and determines the share of benefits to which each party is entitled. A manufacturer does not always have a team with the resources to bring its product to market. A distributor may enter into a marketing agreement with the manufacturer and benefit from the sale of products. An agreement on exclusive marketing rights allows the distributor to obtain the product as the only gateway for large and retail customers. An exclusive marketing agreement must cover all financial aspects and determine who is responsible for each price. The agreement describes the cost of the distributor per unit and may contain a list of price interruptions based on the amount of order.

It also defines who is responsible for shipping costs, insurance, certain taxes and advertising costs. A well-written agreement protects the owner`s intellectual property rights, but still allows the distributor to use logos and product names for promotions. The U.S. Department of Commerce emphasizes that the owner`s rights may come in the form of patents, copyrights, trademarks and trade secrets. An exclusive marketing rights agreement is reached to allow the distributor to use the product brand for marketing, advertising and other advertising activities.