Standard Software Reseller Agreement

There is no legal relationship between the distributor and the saaS supplier, as it is a normal reseller contract. The software reseller contract should determine whether the publisher is required to offer the end user the maintenance or upgrade of the software, and whether there is a need to pay additional costs for maintenance or upgrade. Of course, the dealer will probably want to pass on additional charges to his customers. This software reseller agreement exists between an owner/manufacturer of certain products (supplier) and a company that wishes to offer remarketing [installation] and other services related to these products (resellers). Important sales and delivery commitments are defined. It has been updated/modified to clarify the supplier and reseller`s obligations to support the reseller`s customers. Terms such as agent, salespeople and resellers are often used interchangeably. However, from a legal point of view, these are three totally different units, with specific rights and obligations. It is essential to distinguish and clearly define the responsibilities of each party involved. As we have already said, it is essential to determine whether the reseller can use the name, brand and other intellectual property of the company when reselling its software and services. With respect to white-label solutions, a reseller agreement should give the reseller the full right to claim products and services as their own and to market them under their own brand. Non-exclusive agreements are therefore much more common. This is a risk-free option for the software developer because they do not have to rely on the performance of a single reseller, but generate revenue from hundreds of different resellers.

Regardless of lifespan, the software reseller contract should look at what happens when the term expires or is otherwise terminated. Certain post-termination issues that may need to be addressed include the impact on end-user license renewal, data ownership or other PIs related to distributor changes, software, future commissions due to the reseller, and responsibility for ongoing service agreements related to the software. An exclusive deal to land can be quite difficult, especially if you`re just starting out. If you think so, in order for the company to offer you exclusive re-reseller rights, you need to be sure that you are delivering.