Foodservice Sales & Marketing Association

Distributor Confidentiality Agreements


Should Agencies Sign Distributor Confidentiality Agreements?


FSMA is your national voice and advocate! We work hard to make sure you can operate your business without undue interference from others. Here is another example of how FSMA delivers value for your dues dollar!


As a general rule, FSMA General Counsel Barry Maloney recommends against sales agencies signing confidentiality agreements with distributors. However, with the proper protections in place, a well written confidentiality agreement can protect both agencies and distributors confidential information.


How long should these agreements last, and what types of information should be protected? Former FSMA President Rick Abraham interviewed Barry on this important topic. The answers are in the 3-minute video below.

Members may contact Barry Maloney at 202-596-8112  or info@fsmaonline.com for contract reviews. In addition, click the following link for the FSMA-Approved Mutual Confidentiality and Non-Disclosure Agreement.


Manufacturer members may also contact FSMA for advice on how to write a proper and legally enforceable contract. 


FSMA General Counsel Barry Maloney can be reached at this link.