This Reseller License Agreement is designed for use in commercial arrangements where a supplier wishes to authorize a reseller to market, sell, and distribute their products or services in Australia. The agreement is structured to comply with Australian federal and state laws, including the Competition and Consumer Act 2010, and addresses essential aspects of the reseller relationship such as territory rights, pricing, intellectual property usage, and performance obligations. It is particularly suitable for businesses expanding their distribution networks through authorized resellers, requiring a formal legal framework that protects both parties' interests while ensuring compliance with Australian regulatory requirements. The document includes comprehensive provisions for product supply, quality control, reporting requirements, and termination procedures, making it suitable for both domestic and international suppliers operating in the Australian market.
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1. Parties: Identifies and provides full legal details of the contracting parties (supplier and reseller)
2. Background: Contextual information explaining the purpose of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Grant of License: Specifies the scope of license granted to the reseller, including territory rights and exclusivity terms
5. Appointment and Term: Details of the reseller's appointment and duration of the agreement
6. Reseller Obligations: Core responsibilities and commitments of the reseller
7. Supplier Obligations: Core responsibilities and commitments of the supplier
8. Intellectual Property Rights: Protection and usage rights of trademarks, copyrights, and other IP
9. Ordering and Delivery: Process for placing orders and product delivery arrangements
10. Prices and Payment: Pricing structure, payment terms, and related financial conditions
11. Reporting and Audit Rights: Requirements for sales reporting and supplier's audit rights
12. Confidentiality: Protection of confidential information exchanged between parties
13. Termination: Conditions and process for ending the agreement
14. Post-Termination: Obligations and rights of parties after agreement ends
15. General Provisions: Standard legal clauses including notices, assignment, governing law
1. Marketing and Promotion: Specific requirements for marketing activities and brand promotion
2. Training Requirements: Details of required training for reseller's staff
3. Performance Targets: Specific sales targets and consequences of not meeting them
4. Technical Support: Terms for technical support provision to end customers
5. Insurance Requirements: Specific insurance coverage requirements for the reseller
6. Data Protection: Specific provisions for handling customer data and privacy compliance
7. Import/Export Compliance: Required for international reseller arrangements
8. Service Level Agreement: Specific performance metrics and service standards
9. Warranty and Indemnity: Extended warranty terms and specific indemnification provisions
1. Schedule 1 - Products and Services: Detailed list of licensed products and services covered by the agreement
2. Schedule 2 - Territory: Detailed description of geographic territory and any exclusions
3. Schedule 3 - Pricing Schedule: Detailed pricing information, discount structures, and commission rates
4. Schedule 4 - Service Level Requirements: Detailed service level metrics and performance standards
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for reselling products
6. Schedule 6 - Trademark Usage Guidelines: Detailed guidelines for using supplier's trademarks and branding
7. Appendix A - Reporting Templates: Standard templates for required periodic reports
8. Appendix B - Order Forms: Standard forms and procedures for placing orders
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software
Hardware
Consumer Goods
Retail
Manufacturing
Telecommunications
Electronics
Automotive
Medical Devices
Industrial Equipment
Fashion and Apparel
Food and Beverage
Construction Materials
Chemical Products
Relevant Teams
Legal
Sales
Commercial
Operations
Business Development
Compliance
Channel Management
Partner Relations
Product Management
Procurement
Distribution
Licensing
Relevant Roles
Chief Executive Officer
Commercial Director
Sales Director
Channel Manager
Distribution Manager
Legal Counsel
Contract Manager
Business Development Manager
Operations Manager
Compliance Officer
Partner Manager
Channel Sales Executive
Account Manager
Product Manager
Licensing Manager
Commercial Operations Manager
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