International Distribution Agreement Clinic

International Distribution Agreement Clinic

The recent Exportia Lab session provided an in-depth look at how businesses can successfully structure an International Distribution Agreement to support their global expansion—particularly across Europe. Led by Exportia’s founder alongside legal expert Paul Kirton of Macpherson kelley, the session offered practical guidance for small and medium-sized exporters on how to create balanced, flexible, and performance-driven distribution arrangements. Attendees learned why simply signing a distributor’s standard contract can be risky, and why it’s essential to negotiate key terms such as territory, duration, exclusivity, and termination clauses before entering into any International Distribution Agreement.

One major takeaway was the importance of starting with a short-term agreement—typically one year—with renewal options based on clear KPIs. The session also stressed that International Distribution Agreements should avoid granting broad, long-term exclusivity unless it’s justified by proven track records and tied to distributor performance. Businesses were advised to define territories based on the distributor’s actual operational capabilities and to ensure regulatory readiness before finalizing agreements in new markets.

The discussion also covered how to manage termination scenarios within an International Distribution Agreement, including what rights should be retained to protect inventory, customer relationships, and brand integrity. Best practices around setting and adjusting KPIs, handling pricing consistency, and attaching flexible terms and conditions as separate schedules were also explored. Attendees were reminded that resale price maintenance is illegal in many jurisdictions, and the only way to influence retail pricing is through well-structured purchasing incentives.

Overall, the session emphasized that a well-drafted International Distribution Agreement not only protects your business legally, but also forms the foundation for strong, scalable distributor relationships. A follow-up email containing a cheat sheet and expert contact details was promised, reinforcing Exportia’s commitment to supporting exporters as they navigate global growth through smart, strategic partnerships.

Speakers:

Paul Kirton
Legal Practice Principal | Director – Macpherson Kelley

With over 30 years of experience in intellectual property, trade law, and commercial agreements, Paul is a trusted advisor for manufacturers and importers, helping them navigate legal and commercial complexities across global markets. His unique engineering and legal background allows him to provide practical insights into distribution models, licensing, contracts, and product compliance.

Christelle Damiens
Author | Speaker | Managing Director – Exportia

Christelle Damiens, presenter and Director of Exportia, has 25 years experience in business development in Europe. Her business Exportia has built a track record in scaling businesses from around the world in Europe. Christelle and her team have taken more than 100 businesses to Europe. As a speaker she has delivered workshops, keynotes and masterclasses to more than 250 Small and Medium Sized Businesses as a contractor to North-American and Australian government, State Departments and Industry Associations. She is a third time author. Her second book, “The 4 Steps to Generate your First Million Euros in Sales”, won the 2020 Best Australian Business Book Award in the Sales and Communications category. Her third book “Is it time to start exporting to Europe? Lessons learnt from exporters globally” was published in March 2024.