The Software Reseller Agreement serves as a fundamental legal framework for software distribution relationships in the United States. This document is essential when a software vendor wishes to expand its distribution network through authorized resellers while maintaining control over how its products are marketed and sold. The agreement addresses critical aspects of the modern software industry, including digital rights management, territorial restrictions, and compliance with evolving data privacy regulations. It provides comprehensive coverage of both parties' rights and obligations, including specific provisions for pricing, payment terms, support services, and intellectual property protection. The agreement is designed to comply with U.S. federal and state laws governing software licensing, distribution, and electronic commerce, while offering flexibility to accommodate various business models and distribution arrangements.
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1. Parties: Identifies the contracting parties, including full legal names and addresses
2. Background/Recitals: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and License Grant: Establishes the reseller relationship and scope of software license
5. Territory and Exclusivity: Defines geographic scope and exclusivity terms
6. Obligations of Parties: Details responsibilities of both supplier and reseller
7. Pricing and Payment Terms: Covers pricing structure, payment terms, and related financial matters
8. Intellectual Property Rights: Addresses ownership and protection of IP
9. Term and Termination: Specifies duration and termination conditions
10. Confidentiality: Covers protection of confidential information
1. Marketing and Promotion: Details marketing obligations and restrictions when specific marketing requirements exist
2. Training Requirements: Specifies training obligations when technical training is required
3. Service Level Agreement: Defines support and maintenance obligations when ongoing support is part of the arrangement
4. Data Protection: Addresses data privacy requirements when personal data processing is involved
5. Insurance Requirements: Specifies required insurance coverage when significant liability risks exist
1. Product Schedule: List of software products covered by the agreement
2. Price List: Detailed pricing structure and terms
3. Territory Map: Geographic definition of authorized territory
4. Service Level Agreement: Detailed support and maintenance terms
5. Marketing Guidelines: Brand usage and marketing requirements
6. Technical Requirements: Technical specifications and requirements
7. Commission Structure: Detailed breakdown of commission calculations
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