To see more presentations on building your beverage business in the USA and to register for the next USATT Conference, please visit the official USATT website at http://www.usatradetasting.com The 2016 USA Trade Tasting Conference hosted a full day of speakers dedicated to helping beverage professionals develop their sales network and adopt successful distribution strategies into their everyday operations. With instructional seminars exploring practical ways to address the current market, executives from some of the country’s leading companies presented their tried and true blue-prints to successfully maneuvering in the US industry.

1. Key Provisions to Include in Your
Distribution Agreement
Donna H. Hartman
Beverage Alcohol / Corporate Attorney

2. Why Are Distribution Agreements
Necessary?
ToProtect Your Brand!

3. Creating The Distribution Relationship
• Identify Distributor
• Schedule Meeting
• Negotiate Deal Terms
• Execute Distribution Agreement

4. 1. Products
• Current Products
 Brand(s)
 Sizes, etc.
• Future Products
 Line Extensions
 New Products
• Distributor’s Right of First Refusal

5. 2. Territory
• Define Area
 Where Distributor May Sell
 Where Other Distributors May Sell
• Exclusivity
• Supplier’s Retention Rights

6. 3. Pricing and Payment Terms
• Pricing To Distributor
• Frequency Of Price Changes
• How / When Payments Are Made

7. 4. Roles and Responsibilities
• Marketing Plans And Support
• Calling On Accounts
• Inventory Levels
• Reporting

8. 5. Term
• Length Of Agreement
• Expiration
• Automatic Renewal

9. 6. Termination
• Without Cause
• For Cause
 Performance
 Breach
 Financial
 Change In Control
 Loss Of License

10. 7. Intellectual Property
• Specify Intellectual Property
 Trademarks
 Copyrights
 Patents
• Identify Scope Of Use
• License Type
• Duration

11. 8. Events Upon Expiration or Termination
• Pending Orders
• Inventory Repurchase
• Marketing And Advertising Materials

12. 9. Franchise State Laws
• Creation Of Franchise
• Restrictions On Termination
 Good Cause
 Time To Cure
 Liquidated Damages

13. 10. Dispute Resolution
• Mediation
• Arbitration
• Litigation

14. Thank You!

15. Donna H. Hartman, Esq.
OlenderFeldman LLP
422 Morris Avenue 1180 Avenue of the Americas
Summit, NJ 07901 New York, NY 10036
908.964.2420
dhartman@olenderfeldman.com

16. Media Partners

17. Sponsors and Partners

18. Sponsors and Partners