Giles dixon is a commercial solicitor with over 30 years experience in energy, infrastructure and construction projects, and he is also the coauthor of exporting made easy, a practical guide to selling overseas with agents and distributors. The software contains trade secrets, and in order to. Software reseller agreement essentials klemchuk llp. The company grants the customer a nonexclusive, nonassignable, royaltyfree, worldwide right to access and use the description of saas service the service solely for the customers internal business operations and subject to the terms of this agreement. Reseller shall market, promote and resell the services to customers and. Subject to this end user license agreement hereafter agreement, and provided that customer has fully paid for the applicable software license, panasas grants to customer a non exclusive, non transferable, limited. The parties submit to the nonexclusive jurisdiction of the supreme court of.
Most commercial software reseller agreements are nonexclusive, meaning that the publisher may grant others the right to resell the software. A software reseller agreement is a legal agreement outlining the rights and responsibilities between the owner of software the publisher and a person or business wanting the right to sell or license the software to third parties the reseller. Avoiding the top 10 mistakes with distributor agreements. Subject to this reseller agreement, we grant you a onetime, nonexclusive, nontransferable right to resell the products specified in your reseller order to the end user specified in the reseller order, solely for use by such end user in accordance with the atlassian customer agreement. Software license agreement essentials klemchuk llp. If you wish to have several people reselling your products, you will likely need a reseller agreement, rather than an agency agreement. Read for tips on drafting software reseller agreements. Oncord pty ltd acn 116 347 909 oncord operates the oncord website management system program. Most of the software reseller agreements are nonexclusive in nature, i. Company acknowledges and agrees that microsoft may. Value added reseller agreement get free legal forms. Bayshore road, suite 100, palo alto, california 94303. Company hereby authorizes and appoints reseller and reseller accepts the appointment, as a nonexclusive exclusive reseller to purchase products from company and to market, sell, or incorporate for resale company products to end users in the territory.
Nonexclusive international software value added reseller. Exclusive versus nonexclusive reseller partner agreements. Exclusive agreements protect you and your partners from either party working with competition for a set period of time. You can find a reseller agreement template here for mostly anything you would be in the business of redistributing, whether it is a physical consumer commodity, software and web domains, a company, capital goods like equipment, or partner services like advertising. This nonexclusive software reseller agreement this agreement is entered into as of the date of approval into the innovative litigation services reseller program the effective date, by and between innovative litigation services. Reseller may not terminate a reseller order or receive any refunds due to nonpayment by an end user. This is a simple supplier friendly b2b reseller agreement for low valuelow risk software. Licensor hereby grants, and licensee hereby accepts, a nontransferable, non exclusive, worldwide and royaltyfree license to use the software, subject to the conditions and for the period specified in this agreement. Software development agreement software escrow agreement software. To avoid confusing customers, vendors must manage competing partners and avoid selling direct in the same market.
This template is intended to serve as an exclusive software distribution agreement, meaning that no other company will be allowed to compete with the distributor listed in this agreement for sales of the listed software. Nonexclusive international software value added reseller agreement opalis sarl and sagent technology inc learn more about this contract and other key. This non exclusive reseller agreement is used to set out both parties rights and obligations, and to establish agreed permissions and limitations relating to the terms of the. Reseller will independently set its own pricing to each end user. Subject to this reseller agreement, we grant you a onetime, nonexclusive. Exclusive distribution agreement sagent technology inc. For example, when you designate certain software as the products to be sold under the agreement, one could consider newer versions of the software as being covered by the exclusive. Upon purchase of the software, company shall issue any registration codes necessary to. Software distribution agreement template get free sample. Website, email marketing, and ecommerce in one intuitive software platform. Reseller hereby accepts, for the term unless terminated as provided in this agreement, a non exclusive, non transferable, appointment for the territory to act as a asc approved reseller of the services for the territory. Software reseller agreement template simmonds stewart.
They dont offer the comfort of exclusivity, but the competition can prove to be motivating. Brands as at the start date, insert any company brand, trade mark, logo andor design that the reseller may use to conduct the business. Reseller, a california corporation doing business at 2225 e. Exclusive distribution agreement this exclusive distribution agreement agreement, effective as of the 1st day of january, 1998 the effective date, is entered into by and between sagent technology, inc. Exclusive agreements protect vendors and their partners from either party working with competition for a set period of time. Company hereby appoints and grants reseller and reseller hereby accepts a non exclusive and non transferable right and license to a distribute the product to end user customers. This agreement is non exclusive and sophos may therefore supply products to third parties in the territory. This reseller agreement this agreement sets forth the legally binding terms for. Orders placed by the partner purporting to include any additional or other terms will not be accepted by sophos. The customer acknowledges that this agreement is a services agreement and the company will not deliver copies of any software to the customer as part of the service. Whereas, under a reseller agreement, the contract is between the reseller and the customer. Acom does hereby appoint partner as an authorized seller of acom product with the non assignable, non exclusive right to promote and sell product and partner hereby accepts such designation and. While reseller agreements can be effective in driving growth, they can easily go off the rails. The customer acknowledges that this agreement is a services agreement and the company will not deliver copies of any software.
Reseller shall ensure that demo software does not become part of resellers inventory. A reseller agreement helps to protect both the reseller and the supplier when a reseller is appointed to distribute or onsell the suppliers goods and services. Product reseller agreement prosupplier practical law. Microsoft can also authorize other companies to do so. End user license agreement terms for reseller agreement. This reseller partner agreement this agreement is entered into as of insert date the effective. Resellers rights to resell the products within the territory shall not be exclusive unless otherwise agreed in writing.
Reseller shall have agreement in place with each end user which. Reseller refers to a reseller of products and a rasterweq software approved member of the rasterweq software reseller program. The valueadded reseller agreement provides for a software developer to sell its programs to a reseller, who then may combine the programs with other software or hardware. This atlassian reseller agreement the reseller agreement is. Oncord is prepared to grant resellers the right to resell access to the program to end users on the terms and conditions of this resellers agreement. Agreement, digicert hereby appoints reseller as a nonexclusive. Microsoft may provide any products directly to customers. A non exclusive, non transferable, non assignable right to use the software and documentation onsite as provided herein a right to use only one 1 copy of a module and one 1 copy of the system software by customer or affiliate at any time on the cpu and solely for the in. The initial setup is for your company to be the non exclusive distributor of a suppliers products. Nonexclusive agreements allow for competing partners.
Product reseller agreement pro supplierby practical law commercial transactionsrelated contenta non exclusive product resale agreement between a supplier and a reseller, drafted in the suppliers favor. Under an agency agreement, the agent enters into the contract with the customer on behalf of the principal. Nonexclusive international software value added reseller var agreement this agreement, dated december 8th 1997, is made between opalis sarl licensor, a french corporation doing business at 27, bd pereire 75017 paris, france, and sagent technology, inc. Many factors go into the creation of a great distributor agreement. End user license agreement terms for reseller agreement license. Ten golden tips for distribution agreements lexology.
Summary a reseller agreement helps to protect both the reseller and the supplier when a reseller is appointed to distribute or onsell the suppliers goods and services. Before signing a new agreement, its important to distinguish between exclusive and non exclusive partnerships to make sure you select the right fit for your company. Reseller acknowledges that legal notices such as notices of termination or non renewal, changes in pricing, software license terms, policies or programs may be given by email. Hermes appoints you as a non exclusive reseller of the products, and you accept such appointment. In some situations, a software reseller agreement may be exclusive, which would prohibit the publisher or any of its other resellers from reselling or distributing the software to certain end users.
Microsoft cloud reseller agreement windows phone 7. Reseller may advertise in publications of general circulation that it is an authorized reseller of the products, subject to foxits prior written approval for each such publication. Reseller will bear all risk of nonpayment by end users, and will be solely responsible for all of its costs and expenses. Reseller hereby accepts, for the term unless terminated as provided in this agreement, a nonexclusive, nontransferable, appointment for the territory to act as a asc approved reseller of the services for the territory. Mistakes in a distributor agreement are almost invisible during the courtship between a distributor and a manufacturer. An exclusive var document has not been prepared because few are used and they tend to be deadly for developer if they are done. This nonexclusive software reseller agreement this agreement is entered into as of the date of approval into the socialengine reseller program the effective date, by and between webligo developments, llc, a delaware corporation having a primary place of business at 2898 rowena ave.
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