But I want to emphasize this point in particular: time-related exclusivity agreements are often a very easy gift for you to win large orders. A seller might say that it is too difficult to determine whether a buyer participated in the agreement if a business broker is involved. But the general purpose of an exclusive agreement is to protect the broker from working with a seller who breaks the agreement as soon as the seller meets the buyer, which removes the need to pay the broker for his services. But now let`s talk about the logic behind the exclusivity agreements, as well as their pros and cons. When establishing an exclusivity clause, the contract issuer should focus on: 3. More commitments to success – If there is no exclusivity (sometimes customers or partners simply do not sign up, unless they have a certain degree of exclusivity), you can push for soft benefits by completing the points 1-2 above. You can lobby for guarantees that the customer or partner appoints a minimum number of employees for the introduction of your product, you can ask them to spend hard dollars for co-marketing, you can ask for commitments regarding case studies or reference calls or public relations publications. If you must have restrictions on your activities at the end of the day, you must ensure that you are compensated. 4. Geography Bound — Finally, another natural limiter for you will be geography. You could sign an exclusive for coffee companies in the U.S. and give you the opportunity to sell internationally if you choose to do so. Even if you are not yet international, it is worth winning the point to limit the restrictions.
Well, we understand that this legal jargon might be a bit overwhelming for some people, but exclusivity contracts aren`t that hard to understand as soon as you understand the mechanics behind them. The initial deal was whispered for a 5-year deal, but had enough “exit clauses” that after a few years Apple began selling on other organizations. The original Apple/AT-T agreement was naturally limited to the geography in which AT-T was active and, after its initial success, Apple had a model for exclusive agreements in other countries. 1. Big contracts — It`s very common for you to be able to argue in exchange for exclusivity for much larger contracts, which is one of the reasons I like exclusivity as a seller. If working with your company is very important to your customer or partner and it`s just as important to have a one-up in front of your competitors, then price increases are rarely a problem. In the absence of an exclusivity clause, the seller cannot recognize the benefit of selling or promoting only a company`s products or services. In the blogging example used above, it might seem inauthentic if the blogger was posting about similar products and/or services in a short period of time, prompting potential customers to ignore suggestions. Without an exclusivity clause, the company cannot guarantee the loyalty of its partners. 2. Designated competitors — often, exclusive agreements start very widely, and your task is to reduce them.