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Non Exclusive Agreement Template for South Africa

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Key Requirements PROMPT example:

Non Exclusive Agreement

"I need a Non-Exclusive Agreement for a software distribution arrangement between my South African tech company and multiple local resellers, with the agreement starting from March 2025 and including specific provisions for commission structures and performance targets."

Document background
This Non-Exclusive Agreement template is designed for use in the South African business environment where parties wish to establish formal business relationships while maintaining the freedom to engage with other partners. It is particularly useful for businesses seeking to expand their network of partners, suppliers, or service providers without being bound by exclusivity restrictions. The document incorporates essential elements required under South African law, including compliance with the Competition Act 89 of 1998, and addresses key commercial terms such as scope of rights, performance obligations, and risk allocation. This type of agreement is commonly used in distribution arrangements, licensing deals, service provision, and technology partnerships where flexibility and market access are priorities.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the parties' intention to enter into a non-exclusive arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Non-Exclusive Rights: Clear statement of the non-exclusive nature of the rights granted and permitted activities

5. Term and Duration: Period of the agreement, including commencement date and termination provisions

6. Obligations of the Parties: Key responsibilities and commitments of each party

7. Payment Terms: Financial arrangements, including fees, payment schedule, and invoicing requirements

8. Intellectual Property Rights: Protection and ownership of IP, including any licenses granted

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Representations: Statements of fact and promises made by each party

11. Limitation of Liability: Limits on parties' liability and exclusions

12. Termination: Grounds for termination and consequences of termination

13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

Optional Sections

1. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, particularly relevant if parties are competitors

2. Quality Standards: Standards and specifications that must be maintained, relevant for product or service agreements

3. Marketing and Promotion: Terms regarding marketing activities and brand usage, important for distribution or reseller agreements

4. Territory Restrictions: Geographic limitations on the non-exclusive rights, if applicable

5. Reporting Requirements: Obligations to report on activities, sales, or other metrics

6. Insurance: Insurance requirements and minimum coverage levels

7. Data Protection: POPIA compliance and data handling requirements, if personal information is processed

8. Force Majeure: Provisions for unforeseen circumstances preventing performance

Suggested Schedules

1. Schedule 1: Products/Services: Detailed description of products or services covered by the agreement

2. Schedule 2: Pricing Schedule: Detailed pricing structure, rates, and payment terms

3. Schedule 3: Service Levels: Performance metrics and service level requirements

4. Schedule 4: Technical Specifications: Technical requirements or specifications

5. Schedule 5: Approved Sub-contractors: List of approved sub-contractors or agents, if applicable

6. Appendix A: Contact Details: Key contact persons and their details for each party

7. Appendix B: Required Forms: Standard forms or templates to be used under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses







































Relevant Industries

Technology

Manufacturing

Retail

Distribution

Professional Services

Software and IT

Healthcare

Entertainment

Financial Services

Telecommunications

E-commerce

Education

Consulting

Media and Broadcasting

Relevant Teams

Legal

Commercial

Business Development

Operations

Procurement

Sales

Compliance

Executive Leadership

Strategy

Vendor Management

Contract Administration

Risk Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Operations Manager

Procurement Manager

Sales Director

Contract Manager

Compliance Officer

Chief Executive Officer

Managing Director

Partnership Manager

Account Executive

Chief Legal Officer

Strategy Director

Vendor Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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