2. This agreement creates a non-exclusive right of the distributor to market the products in the territory defined by the parties. This is a relatively benevolent agreement with a limited recourse from the distributor against the manufacturer. The distributor will not use, authorize or authorize the use of the name or other trademarks or trade names belonging to the manufacturer as part of its company, company or company name. The distributor will not compete with the manufacturer`s right to use exclusively trademarks or trade names used or claimed by the manufacturer. The distributor may use the manufacturer`s name, trademarks and logos in advertising, stationery and business cards, or on its website, subject to the manufacturer`s instructions regarding the reproduction of these. Manufacturers must also be vigilant that the termination of a distributor, with or without cause, may result in serious lawsuits against the manufacturer, which relates to everything, from the broad category of “good faith” that deals with cartel claims and abuse of dominance. This is an area that is mature with dangerous legal pitfalls that vary from state to state. Before entering into a non-exclusive dealer agreement, we strongly advise you to consult a business lawyer who is competent about the impact in your state and the state of the distributor with respect to these agreements. However, there are far fewer risks associated with a non-exclusive contract than with an exclusive agreement. a. The manufacturer may, at any time, notify the distributor in writing no later than 90 days before this communication comes into force, if the manufacturer decides to terminate all current marketing agreements for the manufacturer`s products and to offer a new or modified form of distribution agreement.
B. The manufacturer may terminate this contract if it informs the distributor of one of the following events: (1) the distributor`s failure to fulfill or perform any of the distributor`s obligations, obligations or responsibilities in this agreement, which have not been cured by the manufacturer within 30 days; (2) any transfer of interest in this agreement or the transfer of obligations from the distributor by the distributor without the manufacturer`s written consent; (3) any voluntary or non-voluntary person, voluntary or involuntary, through one right or another, with a substantial interest in direct or indirect ownership or modification of the distributor`s managers; (4) For some reason, the distributor did not comply with its normal business; (5) conviction in a competent court of the distributor or a major partner, principal responsible or major shareholder of the distributor for violation of the law which, according to the manufacturer, infringes the operation or activity of the distributor or the good reputation of the distributor, the goodwill or reputation of the manufacturer, the manufacturer`s products or the distributor; or (6) Filing fraudulent reports or statements by the distributor with the manufacturer, including, but not limited to, claims of refund, credit, rebate, inducement, surcharge, rebate, refund or other payment by the manufacturer.