A software reseller agreement is an essential document that outlines the terms and conditions of a partnership between a software vendor and a software reseller. The agreement sets forth the rights and responsibilities of both parties, the commission structure, and the support and training provided to the reseller.
A sample software reseller agreement typically contains the following sections:
1. Definitions: This section defines key terms used in the agreement, such as “software,” “reseller,” “end-user,” and “support.”
2. Appointment of Reseller: This section outlines the terms of the agreement, including the appointment of the reseller as an authorized representative of the software vendor.
3. Product and Pricing: This section details the software products that the reseller is authorized to sell and the pricing structure for those products.
4. Territory: This section defines the geographic area in which the reseller is authorized to sell the software.
5. Marketing and Sales: This section outlines the marketing and sales activities that the reseller is responsible for and the marketing support and training provided by the vendor.
6. Support and Maintenance: This section outlines the support and maintenance services that the vendor will provide to the reseller and the reseller`s customers.
7. Intellectual Property: This section sets forth the ownership and licensing of the software, trademarks, and other intellectual property.
8. Confidentiality: This section outlines the confidentiality obligations of both the vendor and the reseller.
9. Representations and Warranties: This section contains the vendor`s representations and warranties related to the software and the reseller`s representations and warranties related to its sales and marketing activities.
10. Termination: This section outlines the circumstances under which the agreement can be terminated by either party.
11. General Provisions: This section contains miscellaneous provisions, such as the governing law and dispute resolution mechanism.
In conclusion, a software reseller agreement is an important document that protects the interests of both the vendor and the reseller. A sample software reseller agreement can serve as a starting point for drafting an agreement that meets the specific needs of your business. It is always recommended that you consult with legal counsel before entering into any agreement.
