April 12

Software Resale Agreement

You should expect that the software reseller agreement will be established in accordance with the laws of the country in which the company in which you resell is headquartered. Some countries may have different laws regarding the sale of products and services online, as well as specific restrictions that you must comply with. Here are some examples of situations that a good reseller agreement can easily avoid: the software reseller agreement should determine whether the reseller is obligated or authorized to provide installation, training or other services. Indeed, many software resellers are mainly COMPUTER service providers that offer the publisher`s software as an add-on or tool for their customers or a middleware that uses the software to cover their own software applications with the software or the client`s date or that of third parties. In these agreements, it is important that the agreement on software resellers addresses the potential problems associated with the interaction of these different systems. Klemchuk LLP is a litigation, intellectual property, transaction firm and international economics law firm committed to protecting innovation. The company offers tailored legal solutions for sectors such as software, technology, retail, real estate, consumer goods, e-commerce, telecommunications, restaurant, energy, media and professional services. The firm focuses on supporting small and medium-sized businesses that seek long-term and value-creating relationships with a law firm. Learn more about the law and our practice as a local. Therefore, the agreement between the software reseller should clearly define the role of the reseller and distinguish it from that of an independent employee or sales agent. Nevertheless, we provide you with a checklist for software reseller agreements, to which you can refer at any time.

Fortunately, there is a simple way to avoid all this trouble and prevent your white-label business from coming back: software reseller agreements. However, you should not be delivered to your own devices after making a sale, especially if what you are selling is a recurring service. The provider must be prepared to intervene if the end user encounters a problem with their software or service. You should also be responsible for maintaining and updating the software. Their role as resellers should only be to resell products and services. One thing to keep in mind here is that, regardless of its geographical location, the agreement should be in English. In some cases, the agreement can be translated into other languages, but note that the English version always takes precedence over all other versions. A lot of people confuse an agent with a sales agent.

The main difference between the two is that a sales agent is not allowed to license the end on behalf of the employer. Their task is to acquire the interested parties and negotiate the terms with them, but it is the employer who concludes the software license agreement with the end user. Re-labeling means that the retailer can identify or label the software under its own name and brand. This can be useful if the dealer has a strong brand and you can benefit from higher sales by selling under that brand. If you decide to do so, you must specify the circumstances under which this is allowed. The reseller does not have the technology to successfully implement the software Whenever any form of exclusivity is granted, the publisher must insist on including performance requirements in the software reseller agreement. This could provide that exclusivity is contingent on the sale by the reseller of a certain number of licenses or the achievement of a certain level of turnover each year. For new markets, performance requirements are often increased each year over the life of the agreement.

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