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We are a software company with an international partner in EU. They want to be exclusive as a distributor what should be the most important points we need in our agreement? Our product is not in a box its intangible..

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This is complex question for a site like this, and without any details I can only speculate as to what might be important for your company in your current circumstances. Rather than me speculating, I suggest that you post a more detailed question or find out what other companies in situations similar to yours have done, e.g., with a [Google search][1]. Looking at examples will help you decide for yourself what is important for your particular situation. [1]: google.com/search?q=exclusive%20distributor%20agreement – user6603 Apr 14 '11 at 22:54

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If I was doing what these items would be on my check list:

  • Performance measures.
  • A ramp up to exclusivity based on performance
  • An option to drop exclusivity under specific situations
  • Scaled compensation
  • Clear delineation of customer service responsibilities
  • Clear definitions of customer ownership
  • Reporting Requirements
  • Marketing/Branding requirements
  • An exit strategy.

Great question. I look forward to seeing others responses.

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