Once you`ve selected your reseller, make sure you have a written sales contract or sales contract with them, which sets out the terms of the business and will allow you to terminate the contract if things don`t work out properly. It is customary to indicate that each order accepted constitutes a separate contract between the two parties and that sales are made under your terms and conditions. You may want to add a copy to the agreement. Will you name the distributor on an exclusive basis or not – will he be the only person in this region who can sell your products? Even if you agree to an exclusivity agreement, you may wish to reserve some existing customers for a direct relationship, in which case this will be stated in the agreement. Most software reseller business agreements are not exclusive, which means that the publisher can give others the right to resell the software. In some situations, a software reseller agreement may be exclusive that would prohibit the publisher (or any of its other resellers) from reselling or distributing the software to certain end users. A buy-sell contract offers a clear way to handle a series of unforeseen events, including death, divorce, or business disputes. The Software Reseller Agreement contains important terms regarding the reseller`s rights and obligations. While each software reseller agreement varies based on a large number of criteria, here are a few key words to address. Reseller is one of the many labels that we meet in this field. Other labels include distributors, value-added resellers (VARs), „partners“ or „channel partners“, etc. all are expected to represent the role in a way deemed appropriate for any type of market ultimately defined by your target customers.

None of the labels is necessarily used exclusively by the others and a dealer can be described in more than one of these ways. Although software resellers and sales reps are often used synonymously, they are very different from a legal point of view. However, the boundaries between these different roles are often blurred. Be sure to protect your copyrights, patents, and trademarks. Your distributor should only be allowed to use it as long as the agreement remains in force and it is useful to have a clause obliging them to inform you and act to protect your interests, for example when counterfeit goods appear on the market. There are several major differences between an agency contract and a reseller contract. In the context of a commercial agent contract, the intermediary concludes the contract with the customer on behalf of the client. As part of a return agreement, the contract is concluded between the reseller and the customer. If you want multiple people to resell your products, you`ll probably need a reseller agreement instead of an agency agreement. Termination of such an agreement may give rise to significant claims for compensation in some countries, so you should have recourse to legal advice before completing the text. The distribution agreement governs the reseller`s responsibilities and the conditions under which it may acquire the supplier`s software.

The reseller then concludes separate delivery contracts with its own customers (final consumers) in respect of the products or services that the seller authorises to market to the reseller. . . .

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