The Software Reseller Agreement is essential for businesses engaging in software distribution within India's growing technology market. This document is typically used when a software vendor wants to expand their distribution network through authorized resellers, creating a formal framework for the relationship. It addresses crucial elements required under Indian law, including IT Act compliance, GST considerations, and intellectual property protection. The agreement covers comprehensive terms for software distribution rights, territory definitions, pricing structures, support obligations, and performance expectations. It's particularly important given India's complex regulatory environment and the need to protect both parties' interests while ensuring compliance with local laws governing software distribution and electronic commerce.
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1. Parties: Identification of the software vendor and reseller with full legal details
2. Background: Context of the agreement and brief description of parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and designated geographic territory
5. License Grant: Terms of license granted to reseller for software distribution
6. Reseller Obligations: Core responsibilities including sales targets, marketing, and customer support
7. Vendor Obligations: Vendor's commitments regarding software, updates, and support
8. Commercial Terms: Pricing, payment terms, and commission structure
9. Intellectual Property Rights: Protection and usage of vendor's IP, including trademarks
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration, renewal, and termination provisions
12. Data Protection: Compliance with data protection laws and customer data handling
13. Representations and Warranties: Parties' warranties regarding software and business operations
14. Limitation of Liability: Scope and limits of parties' liabilities
15. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including notices, assignment, and force majeure
1. End User Terms: Required if reseller will contract directly with end users, defining mandatory terms for end-user agreements
2. White Labeling Rights: Include if reseller is permitted to rebrand the software
3. Marketing Requirements: Detailed marketing obligations and brand guidelines, if specific requirements exist
4. Training and Certification: Include if reseller staff must complete specific training programs
5. Service Level Requirements: Include if reseller must maintain specific service levels for end-user support
6. Source Code Escrow: Include if source code escrow arrangements are required for business continuity
7. Insurance Requirements: Specific insurance obligations, if required by vendor
8. Compliance with US Export Laws: Include if software contains US-origin components
1. Schedule 1 - Software Description: Detailed description of software products covered by the agreement
2. Schedule 2 - Territory Definition: Detailed description of authorized sales territory
3. Schedule 3 - Price List: Current pricing and commission structures
4. Schedule 4 - Service Level Agreement: Detailed support and maintenance requirements
5. Schedule 5 - Marketing Guidelines: Brand usage rules and marketing requirements
6. Schedule 6 - Performance Targets: Minimum sales targets and performance metrics
7. Appendix A - End User License Agreement: Standard EULA to be used with end customers
8. Appendix B - Technical Requirements: Technical specifications for reseller systems and infrastructure
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Enterprise Software
Retail Technology
Financial Technology
Healthcare Technology
Educational Technology
Telecommunications
Digital Services
E-commerce
Systems Integration
Relevant Teams
Legal
Sales
Business Development
Channel Operations
Partner Success
Compliance
Commercial Operations
Revenue Operations
Strategic Partnerships
Product Management
Technical Support
Contract Administration
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Legal Counsel
Business Development Manager
Partnership Manager
Compliance Officer
Commercial Director
Software Licensing Manager
Contract Manager
Partner Success Manager
Channel Sales Director
Distribution Manager
Alliance Manager
Revenue Operations Manager
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