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Como se maneja el enterprise partner

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Posted by: Quentin Leclercq. Whenever a manufacturer finally completes the creation of the product it intends to offer, work has only begun!

The marketing of the products offered remains the fundamental step of any business plan. A manufacturer may take into its own hands the commercialization of its product. However, this causes the manufacturer to allocate a large quantity of resources and time to this operation. Furthermore, when the opportunity to enter new foreign markets arises, the manufacturer itself does not always possess the necessary experience and contacts.

Hence, it will often be advantageous for the manufacturer to secure the assistance of a business partner whose expertise and distribution network will allow efficient marketing for the product. When it is equitable and carefully developed, the contractual relationship between these two partners will not only allow efficient and mutually profitable rapports between them, but will also augment proportionately the value of both businesses involved.

As part of the negotiation of a distribution agreement, two important aspects must be taken into account: territorial exclusivity and ownership of product goodwill. Whenever a manufacturer relies on a middleman such as a distributor in order to commercialize its product, the parties must consider the pertinence and necessity of granting exclusivity.

An exclusivity clause presupposes the delimitation of a territory and of a period for which exclusivity is granted. The manufacturer takes a risk whenever it grants to another person the exclusive rights to market his product on a given territory and for a given time. Thus, exclusive rights are a major motivator for a distributor who must market a product that he does not own and that has little notoriety yet.

Indeed, every product requires some time between its introduction to the market and commercial success. The commercialization efforts accomplished before a product becomes profitable constitute a major investment.

In consequence, a distributor who invests his resources in such an endeavor wishes to insure he will share its future benefits. When a manufacturer considers granting exclusive rights over an area, he must know that many different contractual tools are at his disposal in order to establish a fair and mutually profitable relationship with his distributor.

In a distribution contract, performance must be deemed the consideration in exchange of which exclusive rights are granted. In practice, this means that the distributor shall only retain exclusive rights over the granted territory as long as he continues to meet or exceed the performance objectives set out in the contract.

The parties should accordingly negotiate reasonable objectives. It is possible for the two parties to provide for certain specific circumstances in which the exclusivity granted to the distributor would not apply. During the negotiation of the distribution contract, the parties must be able to identify the problematic situations that could arise. For example, a manufacturer and a distributor should consider the following situations: The possibility that a client would operate its business within multiple different territories but centralize his purchasing within a single region which could be within the exclusive territory or not ; Internet sales, which by definition ignore territorial concerns; The possibility that a client would prefer to deal directly with the manufacturer with no intermediary; In such cases, as well as in any analogous situation, potentially conflicting occurrences must be addressed prior to the conclusion of the exclusive contract.

In order to avoid future discord, the parties must define from the outset of their relationship whether these problematic situations shall constitute contractual exceptions to the exclusive rights to be granted. At the outcome of a distribution contract, the goodwill acquired by a product can have a large value. Indeed, a distributor that invests time and financial resources into the development, reputation, and marketing of a new product usually finds that his efforts are rewarded by increased goodwill toward the product, and thus increased sales turnover for the distributor.

In order to protect the distributor from the eventual loss of goodwill, the distribution contract can provide for payment of a compensating indemnity at the end of the contract. However, manufacturers are not always satisfied with such a solution, and consequently are not generally well disposed toward the insertion of such a clause in the distribution contract.

It could indeed be very onerous for the manufacturer if he were to pay multiple successive indemnities because he was forced to change distributors many times over a short period. Furthermore, if the distributor were only to market the product for a short time, the value of the increase in goodwill would be proportionately reduced.

The distributor should also consider the following elements:. Consequently, the previous two criteria must be duly considered before the distributor starts investing his efforts and energies in the marketing of a new product or trademark that does not belong to him.

In any case, it is always preferable for the distributor to consider these various issues before accepting to contribute his time, efforts, and money in marketing costs so as to bring notoriety to a product or trademark unknown to the public. Before committing himself and investing his resources in this manner, may be well served by consulting his legal advisor. The distribution contract must be fair to both parties so that they may profit mutually.

In practical non-legal terms, the distribution contract presupposes a partnership. The negotiations must be approached from this angle. Furthermore, before entering a binding agreement, it is equally important to consider the fundamental elements and aspects of the distribution contract:. The distributor-manufacturer relationship shall only be solid and profitable if the parties take care to duly consider these fundamental elements. Normally a long-term relationship, the interests of both parties must be protected if the relationship is to become both enduring and gainful.

More than any other contract, equity must be the foundation of a distribution agreement. Last update: November Propecia Preparacion propecia barata comprar Best Generic Levitra. You must be logged in to post a comment. Subscribe to Comments.

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Posted by: Quentin Leclercq. Whenever a manufacturer finally completes the creation of the product it intends to offer, work has only begun! The marketing of the products offered remains the fundamental step of any business plan. A manufacturer may take into its own hands the commercialization of its product. However, this causes the manufacturer to allocate a large quantity of resources and time to this operation.

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Просто мне приходится быть крайне осторожным. В тридцати футах от них, скрытый за стеклом односторонней видимости Грег Хейл стоял у терминала Сьюзан. Черный экран.

Мне нужно немедленно ее увидеть. - Но, сеньор, она занята с клиентом. - Это очень важно, - извиняющимся тоном сказал Беккер.

Вопрос национальной безопасности.

Она не клюнет на твою тактику разделяй и властвуй, - сказал Стратмор, подходя еще ближе.

Она, разумеется, знала, что были и другие программы, над которыми он работал так долго, программы, создать которые было куда легче, чем нераскрываемый алгоритм. Вирусы. Холод пронзил все ее тело. Но как мог вирус проникнуть в ТРАНСТЕКСТ.

Я не могу этого сделать.  - Скрестив на груди руки, он вышел из ее кабинета. Мидж горящими глазами смотрела ему вслед. - О нет, можешь, - прошептала. И, повернувшись к Большому Брату, нажатием клавиши вызвала видеоархив. Мидж это как-нибудь переживет, - сказал он себе, усаживаясь за свой стол и приступая к просмотру остальных отчетов.

Профессор вертел кольцо в пальцах и изучал надпись. - Читайте медленно и точно! - приказал Джабба.  - Одна неточность, и все мы погибли.

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