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Resale Price Maintenance Agreement
"I need a Resale Price Maintenance Agreement under German law for my luxury cosmetics brand, establishing recommended price guidelines for our network of high-end retailers across Germany, with specific provisions for seasonal promotions starting January 2025."
1. Parties: Identification of the supplier/manufacturer and the reseller, including full legal names and addresses
2. Background: Context of the agreement, business relationship, and acknowledgment of competition law compliance requirements
3. Definitions: Key terms including 'Recommended Resale Price', 'Products', 'Territory', and other relevant definitions
4. Appointment and Scope: Designation of reseller rights and territory coverage
5. Pricing Mechanism: Structure for recommended resale prices and clear statement on their non-binding nature
6. Reseller Obligations: Core obligations including quality standards, marketing requirements, and service levels
7. Supplier Obligations: Supplier's commitments regarding product supply, support, and information provision
8. Competition Law Compliance: Explicit provisions ensuring compliance with EU and German competition laws
9. Term and Termination: Duration of agreement and circumstances for termination
10. Confidentiality: Protection of confidential information exchanged between parties
11. Governing Law and Jurisdiction: Specification of German law application and jurisdiction for disputes
1. Marketing and Promotion: Detailed provisions on marketing activities and cost-sharing, used when parties have specific marketing arrangements
2. Quality Control: Specific quality standards and monitoring procedures, included for luxury or technical products
3. Internet Sales: Specific provisions for online sales channels, included when e-commerce is relevant
4. Training Requirements: Staff training obligations, included for technical or specialized products
5. Intellectual Property: IP licensing terms, included when brand usage or patents are involved
6. Data Protection: GDPR compliance provisions, included when personal data processing is involved
7. Insurance: Insurance requirements, included for high-value or high-risk products
1. Schedule 1 - Products: List of products covered by the agreement with specifications
2. Schedule 2 - Recommended Price List: Current recommended resale prices (clearly marked as non-binding)
3. Schedule 3 - Territory: Detailed description of geographical territory covered
4. Schedule 4 - Compliance Guidelines: Detailed competition law compliance procedures and guidelines
5. Schedule 5 - Service Level Requirements: Detailed service standards and performance metrics
6. Schedule 6 - Reporting Templates: Standard forms for required reporting and communications
Authors
Luxury Goods
Consumer Electronics
Automotive
Fashion and Apparel
Pharmaceuticals
Cosmetics
Sporting Goods
Premium Food and Beverages
High-end Home Appliances
Designer Furniture
Professional Equipment
Branded Consumer Goods
Legal
Sales
Commercial
Compliance
Regulatory Affairs
Business Development
Distribution
Retail Operations
Marketing
Pricing
Channel Management
Legal Counsel
Commercial Director
Sales Director
Compliance Officer
Business Development Manager
Channel Manager
Retail Operations Manager
Distribution Manager
Price Manager
Commercial Contracts Manager
Head of Sales
Chief Commercial Officer
Regulatory Affairs Manager
Marketing Director
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