A reseller agreement is a legally binding document drawn between a vendor and a reseller that authorizes the reseller to sell the vendors products or services to a third party. A resellerdistributor purchases the suppliers saas software and services under the terms of a resellerdistribution agreement. Reseller desires to remarket the products, all pursuant to this agreement. If the software is high risk or high value, andor the arrangement will involve the company being the software supplier, not the reseller providing additional services to the reseller, you should use an agreement that has been drafted for those purposes e. Sep 30, 1997 reseller service agreement factual data corp. The reseller is obliged to inform clearsight about such sales in each individual case without delay.
This value added reseller agreement agreement is made effective as of the 17th day. Success requires quite a bit of strategy and planning. 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. What is the correct revenue recognition accounting by a reseller who resells e.
Reseller will be paid a % commission on all software net sales that are made by reseller during the term of this agreement. Open source program means any open source software program that is provided under this. Microsoft may disable a customers subscription for legal or regulatory reasons or as otherwise permitted under this agreement and microsoft will notify company of a disablement as soon as commercially reasonable. You can cut through that confusion by asking what the customer will do with the software. A reseller agreement template is used when two parties are agreeing on the process by which one of them will be selling on products. We can draft a thorough it reseller agreement which will. This lenovo agreement for resellers agreement is entered into by and between lenovo united states inc. A var agreement is a legal contract between a manufacturer and a valueadded reseller that specifies the rights and obligations of both parties. Software reseller agreement template simmonds stewart nz.
With respect to teradata confidential information, and subject to section 8 of this agreement, reseller will use teradata confidential information only for purposes of facilitating resellers product resale activities under this agreement. New revenue guidance implementation in the software industry. What is var agreement valueadded reseller agreement. These reseller terms of sale, including all applicable terms referenced herein, collectively, this agreement apply to your purchase whether from dell or from a dell distributor in the united states or canada and resale of a any dell branded products and licensed software products. When i refer to a saas reseller agreement, i mean an agreement under which either. We use cookies to ensure that we give you the best possible experience on our website.
There is a process specified that allows the reseller to enter into such contract agreements. Reseller shall not purchase software for resellers own use, or for resale to a sister company having the same effect. Reseller agreement for digitalfx international, inc, licensed software, transparensee systems, inc sample agreements, legal documents, and contracts from realdealdocs. End user means a customer who has purchased an authorized product andor acquired a license for the software component of one or more authorized products from reseller for the personal or business use of such customer and not for transfer or resale. Edraw will provide the discount order link for the reseller. Products and services, and software and components therein and related thereto, shall be deemed malwarebytes. The reseller agreement template is a resource designed to allow the initial producer or distributor to use clear, concise language and clean, professional formatting.
Apple product retailer reseller agreement retailer effective. For purposes of this agreement, and without limitation, vars software. Software reseller agreement essentials klemchuk llp. Komodo white label reseller agreement this white label reseller agreement agreement is between you both the individual reselling the product units and, if applicable, the company on behalf of which you are entering into this agreement reseller. The agreement contains many terms such as consideration, orders, the appointment of reseller, resale of services, and other important terms. Apple product retailer reseller agreement this agreement between iqmetrix software development corp. Saas agreements resellerdistribution need for a reseller. Reseller agreement checklists, templates and samples to.
User license agreement agreement is a legal agreement between you either an individual user or organization. A var purchases a product from a manufacturer, adds value to that product in some way and then resells the product as its own. Revenue recognition within the software industry has historically been highly complex with much industryspecific guidance. Mochadocs hereby grants to reseller the right to use and display mochadocs ed materials including software and printed materials included with the. Nonmicrosoft product means any thirdparty or thirdparty branded software, data, service, website or other product available through the microsoft azure marketplace, virtual machine gallery, or other. A saas reseller agreement is one where a software services provider, known as the vendor, grants the reseller rights to enter into contracts with customers, or third parties, to provide the vendors services to the customers.
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. Agreement means the terms and conditions contained in this resellers agreement. Party a hereby authorizes and appoints party b, and party b accepts the authorization and appointment, as party a s nonexclusive exclusive reseller, to market, sell, or incorporate for resale the party a products listed in the attachment attached to this agreement within the territory. The services and other software or components of the services that we may. Value added reseller agreement get free legal forms. You subscriber, you, your or related terms are acquiring a subscription to a service as defined below operated by zendesk from an unrelated third party authorized to sell such subscriptions reseller under a separate agreement with zendesk reseller agreement. A client recently asked me for a form of reseller agreement to engage resellers to help distribute the clients software based product. Microsoft cloud reseller agreement windows phone 7. Dont use license agreements for software as a service tech. Microsoft cloud reseller agreement this microsoft cloud reseller agreement agreement is between microsoft and company. Important obligations as to sales and deliveries are set out. Application software products means those products which are software as a.
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. Sonatype and govern reseller s right to resell products to the company the. Sep 12, 2011 however the best article i found, dont use license agreements for software as a service written by david w. Sep 24, 1997 value added reseller agreement visigenic software inc. It contains important terms that affect you and your use of the service. This master reseller agreement, which includes the exhibits. Nonexclusive international software value added reseller agreement opalis sarl.
Value added reseller agreement the valueadded reseller agreement grants a reseller the right to market a companys products in combination with other products and services retailed, provided or developed by the var. Cloud reseller program overview the cloud reseller program is designed for resellers that are inspired to lead the next phase of innovation and help companies connect with their customers in entirely. Componentsource is an online reseller of components and tools for all platforms and is the definitive source for software components. A reseller agreement typically refers to an arrangement between someone supplying goods often known as the wholesaler and another party selling the goods to a third party or the general public the reseller. Reseller shall, prior to providing any end user with any software, either directly or through its subresellers, use reasonable efforts to ensure that each end user has read and agreed to the terms and conditions of companys end user software license agreement. Software licensed under this agreement is an upgrade or update of a component of a package of software programs that you previously licensed as a single product, the software may be used and transferred only as part of that single product package and may not be separated for use on more than. Hdcp reseller associate agreement 5 distribute such licensed components to hdcp adopters or hdcp associates, solely for the purpose of incorporating such licensed components into a other licensed components, for further distribution as set forth in iii or b licensed products. Nonexclusive international software value added reseller agreement. Bluecat networks online reseller agreement 2017 march 3 i maintenance and support program means the maintenance services relating to updates, upgrades, patches, bug fixes and other improvements to the software products and the. Upon acceptance of this agreement by developer, reseller is hereby appointed a. Working with a software reseller, or a channel of software distributors, can help solve the problem of how to scale your software sales and support. Revenue recognition by reseller var for service contract. Under a reseller agreement, the reseller agrees to sell the products on behalf of the wholesaler. The resellerdistributor then resells the saas software and services to its own local customers in the territory using its own terms and conditions and sla.
The reseller is, however, allowed to sell passively to the customers outside the territory. As a software developer or reseller, it is important that you protect your interests and ensure that your resellers can protect theirs too. Reseller agreement sample contracts and business forms. Aug 29, 2019 end user means a customer who has purchased an authorized product andor acquired a license for the software component of one or more authorized products from reseller for the personal or business use of such customer and not for transfer or resale. We often get asked by providers of ict goods or services to draft a reseller agreement to allow third parties reseller to sell their software. A saas agreement is a services contracts, pure and simple.
Reseller shall not use the software for its internal use, unless agreed to the terms and condition of software license agreement. Reseller will bear all risk of nonpayment by end users, and will be solely responsible for all of its costs and expenses. Jul 01, 2015 this includes, but is not limited to, any act or omission by the reseller in connection with the distribution or sale of the software, any loss, damage or injury suffered by a third party, caused by any negligence or deliberate act by the reseller performing their obligations under the agreement, or any breach by the reseller or its employees. Read for tips on drafting software reseller agreements. This software license agreement is made on agreement date between licensor name, a corporate jurisdiction corporation with its principal place of business at licensor address party a and licensee name, a corporate jurisdiction corporation with its principal place of business at licensee address party b. Reseller can put the order in our online store and receive a special discount. For example, the valueadded reseller agreement enables software company to.
The confusion stems from the central role of software in software as a service. Under an agency agreement, the agent enters into the contract with the customer on behalf of the principal. 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. End user license agreement for purchases through resellers. The reseller essentially purchase the service agreement from the supplier, and resell it at a markup to the end customer. Software distribution agreement template get free sample. Reseller must be enrolled in the consulting partner program in order to participate in the cloud reseller program. Reseller will not assign this agreement, or its rights or obligations hereunder, without teradatas prior express written consent. Dont use license agreements for software as a service.
While reseller agreements can be effective in driving growth, they can easily go off the rails. Reseller will independently set its own pricing to each end user. Software reselling can be treacherous to navigate without a software reseller agreement checklist as there are a lot of factors to consider. This software as a service agreement is a contract between you the customer and us, company name the company, for your use of software service name the service. This agreement may be executed and performed by teradata affiliates. During the term of this agreement the licensor is in agreement not to sell or provide the software to any third party individuals. These single transaction reseller agreement terms and conditions the reseller terms and, along with the applicable order form, the agreement are agreed to and entered into by reseller and sonatype, inc. Componentsource is an online software component reseller and dev tool retailer, selling software components and retailing development tools directly to programmers and it professionals, as well as being a global software development tool distributor selling software indirectly to. Reseller may set the prices for the products for resale.
This reseller agreement is the entire agreement between you and atlassian relating to the resale of atlassian products as described in this reseller agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the products or any other subject matter covered by this reseller. The order form shall reference the effective date of the agreement. However, there are some key points to keep in mind if you are going to be successful in working with software. Componentsource is the pioneer of the offtheshelf reusable component market. This software reseller agreement is between an ownercreator of certain products supplier and a company seeking to provide remarketing installation and other services in respect of those products reseller. The lawyers at legalvision have extensive experience drafting it reseller agreements. The combinations are then marketed as valueadded products. Many vars call themselves by that name but are really just resellers. Working with a software reseller and finding software. Access to this document and the leaplaw web site is provided with the understanding that neither leaplaw inc. Take a look at spireon, which is a top developer of connected vehicle intelligence solutions. Value added reseller agreement business power tools.
Reseller shall actively use its best efforts to advertise, market, and promote the sales of the system and its component products through all appropriate media including trade shows, exhibits, catalogs and direct mailings, advertising, educational meetings, sales aids, etc. You know, just grab something off the shelf that will work went the common. A software reseller agreement checklist is an itemized step by step list that will guide you throughout the process of a reseller agreement. If you wish to have several people reselling your products, you will likely need a reseller agreement, rather than an agency agreement. How to draft an it reseller agreement part 1 legalvision. As long as this software distribution agreement is in term these exclusivity rights will remain in effect and no third party shall be allowed to promote, sell, or distribute the software mentioned in this agreement. Avigilon corporation end user license agreement effective. Xpertdoc or to another reseller, as listed in the reseller agreement. A software reseller agreement is a legal agreement outlining the rights and responsibilities between. Reseller terms of sale agreement third party product. The new revenue standards asc 606 and ifrs 15, revenue from contracts with customers replace industryspecific.
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