The Software Reseller Agreement is essential for businesses engaged in software distribution within Hong Kong's technology ecosystem. It is primarily used when a software vendor wishes to expand their market reach through authorized resellers while maintaining control over their product's distribution and brand integrity. The agreement addresses key commercial and legal aspects including distribution rights, territory definitions, pricing structures, and service level requirements. Compliant with Hong Kong law, it incorporates necessary provisions for data protection, electronic transactions, and intellectual property rights protection. This document is particularly relevant in the current digital economy where software distribution channels are increasingly important for business growth and market expansion.
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1. Parties: Identification of the software supplier and reseller, including registered addresses and company details
2. Background: Context of the agreement, brief description of the software and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and designated territory for sales
5. License Grant: Terms of license to resell the software and use supplier's intellectual property
6. Ordering and Delivery: Process for placing orders and software delivery mechanisms
7. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
8. Obligations of the Supplier: Supplier's commitments regarding software, updates, and support
9. Obligations of the Reseller: Reseller's commitments regarding sales, marketing, and customer service
10. Intellectual Property Rights: Protection and ownership of IP rights in the software
11. Confidentiality: Protection of confidential information exchanged between parties
12. Data Protection: Compliance with privacy laws and data protection requirements
13. Term and Termination: Duration of agreement and termination provisions
14. Post-Termination: Rights and obligations after agreement ends
15. Limitation of Liability: Limits on parties' liability and exclusions
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Minimum Purchase Requirements: Used when supplier requires reseller to maintain minimum order volumes
2. Marketing Requirements: Include when specific marketing obligations or cooperative marketing arrangements are needed
3. Training Requirements: Used when reseller must complete specific training programs
4. Service Level Requirements: Include when reseller must maintain specific service levels for end-users
5. Sub-Reseller Rights: Used when reseller is permitted to appoint sub-resellers
6. Software Customization: Include when reseller has rights to customize or modify the software
7. White Labeling Rights: Used when reseller can rebrand the software under their own name
8. Non-Compete Provisions: Include when parties agree to specific non-competition restrictions
1. Schedule 1 - Software Description: Detailed description of software products covered by the agreement
2. Schedule 2 - Price List: Current pricing structure and reseller discounts
3. Schedule 3 - Service Level Agreement: Technical support and maintenance service levels
4. Schedule 4 - Territory Definition: Detailed description of authorized sales territory
5. Schedule 5 - Trademark Usage Guidelines: Rules for using supplier's trademarks and branding
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for reselling software
7. Schedule 7 - Reporting Templates: Required formats for sales and performance reporting
8. Appendix A - End User License Agreement: Standard EULA to be used with end customers
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
E-commerce
Digital Services
Professional Services
Cloud Computing
Enterprise Software
Retail Technology
Financial Technology
Healthcare Technology
Educational Technology
Relevant Teams
Legal
Sales
Business Development
Channel Management
Operations
Procurement
Compliance
Partner Relations
Commercial Operations
Software Licensing
Contract Administration
Distribution
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Commercial Director
Procurement Manager
Software Licensing Manager
Partner Relations Manager
Operations Director
Compliance Officer
Contract Manager
Distribution Manager
Alliance Manager
Sales Operations Manager
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