The Non-Exclusive Reseller Agreement is designed for situations where a supplier wishes to expand their distribution network while maintaining the freedom to appoint multiple resellers in the same territory. This agreement, governed by Irish law and compliant with EU regulations, is commonly used when companies want to increase their market presence without committing to exclusive distribution arrangements. It includes comprehensive provisions for product ordering, pricing, intellectual property protection, and performance expectations, while ensuring compliance with Irish competition law and consumer protection requirements. The non-exclusive nature allows suppliers to maintain multiple distribution channels while providing resellers with the necessary rights and protections to effectively market and sell the products.
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Key Requirements PROMPT example:
Non Exclusive Reseller Agreement
"I need a Non Exclusive Reseller Agreement for my software company to appoint resellers across the EU, with specific provisions for GDPR compliance, cloud service delivery, and regular quarterly performance reviews starting from March 2025."
1. Parties: Identifies and provides full legal details of the parties entering into the agreement
2. Background: Sets out the context of the agreement and basic intentions of the parties
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the non-exclusive appointment of the reseller and defines the geographical territory
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Ordering and Delivery: Details the process for placing orders and delivery requirements
7. Prices and Payment: Specifies pricing structure, payment terms, and invoicing procedures
8. Obligations of the Supplier: Lists the supplier's commitments including product supply, support, and training
9. Obligations of the Reseller: Details reseller's commitments including marketing, minimum purchases, and reporting
10. Intellectual Property Rights: Protects supplier's IP and sets terms for reseller's use of trademarks
11. Confidentiality: Protects confidential information exchanged between parties
12. Warranties and Indemnities: States product warranties and mutual indemnification provisions
13. Limitation of Liability: Sets boundaries on parties' liability under the agreement
14. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Marketing and Promotion: Detailed marketing requirements and cooperative advertising programs - include when specific marketing commitments are required
2. Training Requirements: Specific training obligations for reseller staff - include when products require technical expertise
3. Performance Targets: Minimum sales targets and performance metrics - include when specific sales targets are required
4. Product Support and Service: Technical support and service requirements - include for technical products requiring ongoing support
5. Insurance Requirements: Specific insurance coverage requirements - include for high-value products or where risk exposure is significant
6. Data Protection: Detailed GDPR compliance requirements - include when personal data processing is involved
7. E-commerce Terms: Specific requirements for online sales - include when reseller will sell products online
8. Export Control: Export compliance requirements - include when international sales are permitted
1. Schedule 1 - Products: List of products authorized for resale, including specifications and pricing
2. Schedule 2 - Territory: Detailed description of geographical territory and any excluded areas
3. Schedule 3 - Minimum Purchase Requirements: Specific quantities or values of minimum purchase obligations
4. Schedule 4 - Price List: Detailed pricing structure, including discounts and payment terms
5. Schedule 5 - Service Level Agreement: Support and service level commitments from both parties
6. Schedule 6 - Marketing Guidelines: Brand guidelines and approved marketing materials
7. Appendix A - Order Form Template: Standard form for placing product orders
8. Appendix B - Reports Template: Templates for required periodic reporting
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software
Hardware
Consumer Goods
Electronics
Telecommunications
Manufacturing
Automotive
Medical Devices
Industrial Equipment
Fashion and Apparel
Food and Beverage
Construction Materials
Office Equipment
Sporting Goods
Relevant Teams
Legal
Sales
Commercial
Business Development
Supply Chain
Operations
Procurement
Vendor Management
Distribution
Channel Partnerships
Compliance
Contract Management
Relevant Roles
Sales Director
Commercial Director
Business Development Manager
Channel Manager
Distribution Manager
Legal Counsel
Contracts Manager
Supply Chain Manager
Operations Director
Chief Commercial Officer
Procurement Manager
Sales Operations Manager
Channel Partnership Director
Vendor Management Lead
Regional Sales Manager
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