An Authorized Reseller Agreement is essential for manufacturers and suppliers who wish to expand their distribution network through authorized resellers in the German market. This document type is particularly important under German law, which has specific requirements regarding commercial relationships, competition law, and consumer protection. The agreement needs to carefully balance the manufacturer's interest in maintaining product quality and brand reputation with the reseller's commercial interests, while ensuring compliance with both German and EU regulations. The document typically includes detailed provisions on territory restrictions, pricing policies, warranty obligations, and intellectual property rights, all structured to align with German legal requirements. An Authorized Reseller Agreement is particularly crucial when the manufacturer wants to maintain control over how their products are sold and marketed, while establishing a clear framework for the reseller's operations.
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1. Parties: Identification of the manufacturer/supplier and the reseller with full legal details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and defined territory for operations
5. Authorization and License: Grant of rights to sell products and use intellectual property
6. Obligations of the Manufacturer: Manufacturer's commitments regarding supply, support, and training
7. Obligations of the Reseller: Reseller's commitments regarding sales, marketing, and compliance
8. Ordering and Delivery: Process for ordering products and delivery terms
9. Prices and Payment: Pricing structure, payment terms, and related financial conditions
10. Intellectual Property Rights: Protection and usage of trademarks, patents, and other IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Minimum Purchase Requirements: Used when the manufacturer requires minimum order quantities or values
2. Marketing and Promotion: Detailed section when specific marketing requirements exist
3. Training Requirements: Include when technical products require specific training
4. Service Level Requirements: Used for technical products requiring maintenance or support
5. Insurance Requirements: Detailed insurance obligations for high-value or high-risk products
6. Data Protection: Detailed section when significant personal data processing is involved
7. Non-Competition: Used when restricting reseller from selling competing products
8. Warranty Handling: Detailed section for products with specific warranty requirements
1. Schedule 1 - Products: List of authorized products for resale
2. Schedule 2 - Territory: Detailed description of authorized sales territory
3. Schedule 3 - Prices and Payment Terms: Detailed pricing structure and payment conditions
4. Schedule 4 - Minimum Performance Requirements: Specific sales targets and performance metrics
5. Schedule 5 - Technical Requirements: Technical specifications and compliance requirements
6. Schedule 6 - Trademark Usage Guidelines: Rules for using manufacturer's trademarks and branding
7. Appendix A - Reporting Templates: Standard forms for required business reporting
8. Appendix B - Return and Warranty Procedures: Processes for handling returns and warranty claims
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