Reseller agrees that 1 reseller shall have no authority to modify in any way the terms of this agreement, or to make any representations or warranties contrary to the this agreement and 2 reseller shall be responsible for all end user customer support, billing, and collection of payments or refunds from end user. Reseller will independently set its own pricing to each end user. This agreement is used between the original creator of products and services. Saas agreements resellerdistribution need for a reseller. 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. It contains important terms that affect you and your use of. 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.
If you decide to use a local partner to resell your saas software and services to customers outside of the countries in which you are based, you will need to have a distribution reseller agreement in place between yourself and each distributor reseller. Company nor a third party may sell the products in the relevant territory. Reseller shall not use the software for its internal use, unless agreed to the terms and condition of software license agreement. Jul 01, 2016 the microsoft enterprise agreement offers the best value to organizations with 500 or more users or devices that want a manageable volume licensing program that gives them the flexibility to buy cloud services and software licenses under one agreement. Product reseller agreement pro supplierby practical law commercial transactionsrelated contenta nonexclusive product resale agreement between a supplier and a reseller, drafted in the suppliers favor. The reseller should instead be granted a limited licence that prohibits copying, modifying or reverse engineering the software. Here are a few examples of different types of reseller relationships. There is a process specified that allows the reseller to enter into such contract agreements. 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 nonexclusive, nontransferable, limited. They are often used as it contracts to distribute software. Checkout our post on property agreement templates as well if you like to a reseller agreement is that agreement according to which a company or individual merchant purchases goods or services with the purpose of selling them rather than consuming or using them. Services means any type of certificates or other related products, software, and services that digicert makes available to reseller through an. This value added reseller agreement agreement is made effective as of the 17th day of january 2003 effective date by and between viryanet, inc. Reseller will be paid a % commission on all software net sales that are made by reseller during the term of this agreement.
Sep 12, 2011 however the best article i found, dont use license agreements for software as a service written by david w. Value added reseller agreement business power tools. If the software is high risk or high value, andor the. 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. 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 will ensure that all customers are made aware of the availability of applicable support services from teradata. This post is for those who wish to write a saas reseller agreement, perhaps for the first time, and would like some insight into the special issues these agreements present. A software reseller is a consultant who sells the software from large companies under a licence. The agreement contains many terms such as consideration, orders, the appointment of reseller, resale of services, and other important terms. Binding proposal shall have the meaning stated in section 2. This payment gateway reseller agreement the agreement is made and entered into as of the later of the two signature dates below the effective date by and between authorize.
A saas reseller agreement is one where a software services provider, known as. Reseller partner agreement saas this reseller partner agreement this agreement is entered into as of insert date the effective date by asc networks inc. Software reseller agreement template simmonds stewart nz. Which terms shall be included in the while label agreement. In many cases, such as brandable software, the reseller can obtain even the right to change the name of the software and claim it as ones own and resell it on an ebook shop hosting platform. Another important aspect is selling its goods and services to the reseller for a lower price in comparison with the situation where it would sell it independently. Much like a loan agreement, a reseller agreement will require certain pieces of information in order for it to be valid and official. End user license agreement terms for reseller agreement. A software reseller agreement checklist is an itemized step by step list that will guide you throughout the process of a reseller agreement. A var agreement is a legal contract between a manufacturer and a valueadded reseller that specifies the rights and obligations of both parties. 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.
A resellerdistributor purchases the suppliers saas software and services under the terms of a resellerdistribution agreement. So here are the steps that will help ensure that youre able to create a proper reseller agreement. Sagent shall approve the standard form of distributors reseller agreement prior to execution by any reseller. The reseller distributor then resells the saas software and services to its own local customers in the territory using its own terms and conditions and sla. 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. Reseller partner agreement saas contract management software. This agreement is by and between ping identity corporation ping identity and the reseller entity on whose behalf you are executing this agreement reseller. Compound the definition weve determined for white label with our definition of reseller and what do you get. Reseller terms of sale agreement third party product products. Product reseller agreement prosupplier practical law. The term reseller is actually very broad and covers many different methods of earning revenue off the back of a product or service which is not owned or manufactured by you.
Enquiries about agreements for the resale of software asaservice systems keep cropping up in my inbox, and ive taken on several instructions in the past few weeks. A reseller agreement is a document drawn between a vendor and a reseller that allows them to sell the vendors product to a thirdparty. Agreement means the terms and conditions contained in this resellers agreement. 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. 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. For example, the valueadded reseller agreement enables software company to provide its. For convenience and consistency, however, the definitions of certain terms related to our products and services namely software, hosted. Reseller shall ensure that demo software does not become part of resellers. A white label agreement is one that is created for the purpose of manufacturing of generic products by one party to be branded for and sold by another party. It contains important terms that affect you and your use of the service.
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. Software license subscription agreement influxdata. 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. A person who takes something and sells it again with blank branding. Software vendors have long relied upon resellers to market and sell traditional software. There can be different kinds of reseller agreements. Reseller agreement means distributors reseller agreements related to the software.
Reseller agreement legal definition of reseller agreement. Reseller agreement means that certain reseller agreement between the member or one of the subsidiaries or affiliates, and the company or buyer and buyer ultimate parent, substantially in the form of exhibit d attached hereto, pursuant to which company may resell certain specified location solutions of member or the subsidiaries or affiliates into the markets defined therein. Reseller will bear all risk of nonpayment by end users, and will be solely responsible for all of its costs and expenses. Whereas, under a reseller agreement, the contract is between the reseller and the customer.
You can become your own service bureau and generate extra income for. Jun 12, 2018 another important aspect is selling its goods and services to the reseller for a lower price in comparison with the situation where it would sell it independently. Software reseller agreement essentials klemchuk llp. If the agreement is exclusive, it means that neither the. A var purchases a product from a manufacturer, adds value to that product in some way and then resells the product as its own. Netllc, a delaware limited liability company whose principal place of business is 2901 ashton blvd. Software reselling can be treacherous to navigate without a software reseller agreement checklist as there are a lot of factors to consider. What is var agreement valueadded reseller agreement. Their digital format makes them ideal for internet distribution. Influxdata, regarding the use of the influxdata software identified in a sales order defined below to this agreement, and influxdatas. When i refer to a saas reseller agreement, i mean an agreement under which either.
Reseller agrees to provide the name and address of end user as requested by company on a necessary basis. Download these free sample reseller agreement templates to assist you in drafting your own legal reseller agreement. They will act as middlemen for the goods they are trying to move, but they will not stock up on any of them. This is a simple supplier friendly b2b reseller agreement for low valuelow risk software. Increase your revenue and leverage your connections within the tax preparation industry by becoming a reseller of sigma tax pros number one tax software product, 1040cl. If you wish to have several people reselling your products, you will likely need a reseller agreement, rather than an agency agreement. Cloud services reseller agreements seem to be in vogue. Jan 27, 2015 a client recently asked me for a form of reseller agreement to engage resellers to help distribute the clients software based product. Most commercial software reseller agreements are nonexclusive, meaning that the publisher may grant others the right to resell the software. Important obligations as to sales and deliveries are set out. End user license agreement terms for reseller agreement license. Program means oncord website management system used as a software. Read on to learn more about resellers and the product fulfillment business model.
Apple product retailer reseller agreement this agreement between iqmetrix software development corp. Definition of competition definition of software definitions definitions. White label agreement simply explained agp law firm. This is not far from the definition of what a white label reseller is. Wiredrive in relation to the resale of wiredrive software products software. Firstly, as a supplier, it is crucial your it reseller agreement does not assign intellectual property rights to the reseller. 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. Software and ebooks are two products that are very easy to obtain by resellers. Agreement means this master reseller agreement and its appendices as well as any documentation expressly incorporated by reference therein and shall include any amendments or addenda that may subsequently be agreed upon between the parties in writing. Software reseller agreement template simmonds stewart. This software license subscription agreement this agreement is a legal agreement between the entity by whom you are employed, or whom you represent customer, and influxdata inc. You know, just grab something off the shelf that will work went the common refrain.
Your it reseller agreement should address two critical intellectual property issues. While reseller agreements can be effective in driving growth, they can easily go. 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 and peakey enterprise llc, an indiana corporation. 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. This reseller agreement this agreement sets forth the legally binding terms for the resale of products andor professional services each as defined herein. This definition explains the meaning of reseller and describes different types of resellers, such as hosting resellers, software resellers and direct market reseller companies, and how they operate in the it channel. Dont use license agreements for software as a service tech. Mar 18, 2009 5 thoughts on the two types of reseller chuck brooks 18 march 2009 at 11. A client recently asked me for a form of reseller agreement to engage resellers to help distribute the clients software based product. Professional tax software reseller program sigma tax. This wiredrive reseller agreement and wiredrive reseller program guide together, the agreement form a legally binding contract between you reseller and iowa, llc.
Nov 11, 2017 good reseller partners all have three common attributes. Under an agency agreement, the agent enters into the contract with the customer on behalf of the principal. A reseller is an economic entity which purchases products and services with the purpose of selling them and obtaining profit. Saas agreements resellerdistribution international. A reseller distributor purchases the suppliers saas software and services under the terms of a reseller distribution agreement. Apple product retailer reseller agreement retailer. You would need to enter into a reseller agreement if. White label agreement simply explained agp law firm, cyprus. Our experience has been that vars value added resellers only make sense when they modify the functionality of the product, either by itself to satisfy their customer, or as an integration into a larger product or system. Reseller agreements legal definition of reseller agreements. Reseller terms of sale agreement third party product. You can become your own service bureau and generate extra income for your business.
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