Supplier may provide Distributor with certain confidential or protected information („Confidential Information“). Confidential information includes information, whether written, electronic or oral, that the distributor is aware of or reasonably known to be the owner, confidential or trade secret of the supplier, including all technical or commercial information, the software, including its source codes and documentation, specifications and design information of supplier products, service information, customer lists, pricing information, marketing information, guidelines, procedures and manuals regarding the supplier`s distributors or distribution channels, research and development and other ownership matters concerning supplier products or supplier activities. The Distributor shall not use the Confidential Information unless this is necessary for the exercise of its rights or the fulfilment of its obligations under this Agreement. The Distributor shall also limit its disclosure of confidential information to those who need to know such confidential information in order for the Distributor to fulfil its obligations and enjoy the rights conferred on it by this Agreement. Such persons are informed of the provisions of this section and agree with them and the merchant remains responsible for any unauthorized use or disclosure of confidential information by any of them. With the judgments corman Collins of 19 By letter of 14 December 2013 (case No.C-9/12) and Granarolo of 14 July 2016 (case no. C-196/15), the Court held that the distributor provided a service in a typical distribution contract by participating in the increase in the distribution of the supplier`s product, by obtaining a competitive advantage, access to advertising platforms, know-how or payment possibilities. In view of these elements, the contractual relationship should be considered as a contractual relationship for the services. On the other hand, if the business relationship is limited to a sequence of contracts, for the purpose of delivery and collection of goods, we do not have a typical distribution contract and the contract must be interpreted as a contract for the sale of goods. Most of the errors in distribution agreements are made by parties who lack experience in developing and negotiating distribution agreements. Most large companies with years of experience in agreements rarely write mistakes in these agreements. Many mistakes are the result of a partner trying to give itself an advantage over the other partner by inserting into the agreement a bias that favors the party with more experience.
Distribution agreements are fairly flexible documents and the following clauses are not exhaustive. With regard to the distribution agreement, the parties often have to bear in mind competition rules, as they often wish to include in the agreements provisions and safeguards of this type. . . .