The Reseller Agreement For Software Products is a critical business contract used when a software company wants to expand its distribution network through third-party resellers in the German market. This document is essential for software companies seeking to scale their distribution while maintaining control over their product's representation and delivery. It must comply with German commercial law, including the German Civil Code (BGB) and Commercial Code (HGB), while addressing specific software licensing requirements, data protection regulations (GDPR/BDSG), and competition laws. The agreement typically includes detailed provisions for licensing, territory definitions, pricing structures, support obligations, and compliance requirements. It's particularly important in the German market where specific commercial and consumer protection regulations must be considered in the distribution chain.
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1. Parties: Identification of the contracting parties - software owner/licensor and reseller
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement, including Software Products, Territory, Customers, etc.
4. Appointment and Scope: Appointment of reseller, territory definition, and exclusivity status
5. License Grant: Scope of license granted to reseller for software distribution
6. Reseller Obligations: Core responsibilities including marketing, sales targets, reporting, and customer support
7. Supplier Obligations: Software owner's responsibilities including product delivery, updates, and support
8. Ordering and Delivery: Process for ordering licenses and delivering software to end customers
9. Fees and Payment: Pricing, payment terms, commissions, and financial conditions
10. Intellectual Property Rights: IP ownership, protection, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. Term and Termination: Duration, renewal, and termination provisions
14. Post-Termination: Rights and obligations after agreement ends
15. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Marketing and Promotion: Detailed marketing requirements and branding guidelines - include if reseller has significant marketing responsibilities
2. Training Requirements: Specific training obligations for reseller's staff - include if complex software requires technical expertise
3. Service Level Agreement: Detailed support and maintenance requirements - include if reseller provides technical support
4. Audit Rights: Software usage and compliance audit provisions - include for high-value or high-risk distributions
5. Insurance: Specific insurance requirements - include for high-value contracts or where required by industry
6. Source Code Escrow: Source code protection provisions - include for business-critical software
7. Minimum Purchase Requirements: Minimum order quantities or revenue targets - include for exclusive arrangements
8. Export Control: Export compliance requirements - include if international distribution is involved
1. Schedule 1 - Software Products: Detailed description of software products and versions covered
2. Schedule 2 - Territory: Detailed definition of geographical or market territory
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing models, discount structures, and commission calculations
4. Schedule 4 - Service Level Requirements: Technical support and maintenance service levels
5. Schedule 5 - Report Templates: Required formats for sales and performance reporting
6. Schedule 6 - Technical Requirements: Technical specifications and implementation requirements
7. Appendix A - End User License Agreement: Standard EULA for end customers
8. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Digital Services
E-commerce
Telecommunications
Systems Integration
IT Consulting
Cloud Services
Enterprise Software
Retail Technology
Financial Technology
Healthcare Technology
Industrial Technology
Educational Technology
Relevant Teams
Legal
Sales
Business Development
Partner Management
Commercial
Procurement
Compliance
Channel Sales
Strategic Alliances
Contract Management
Software Licensing
Partner Operations
Distribution
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Head of Sales
Sales Director
Channel Manager
Partner Manager
Business Development Manager
Legal Counsel
Commercial Director
Procurement Manager
Software Licensing Manager
Distribution Manager
Alliance Manager
Contract Manager
Partner Account Executive
Chief Commercial Officer
VP of Sales
Head of Partnerships
Compliance Officer
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