This Reseller Agreement template is designed for use in the South African market where a supplier wishes to appoint another entity to resell their products. It is particularly relevant for businesses expanding their distribution networks or entering new markets through indirect sales channels. The agreement comprehensively addresses key aspects required under South African law, including consumer protection, data privacy (POPIA), and B-BBEE considerations where applicable. It contains essential provisions for product ordering, pricing, territory rights, marketing restrictions, and intellectual property protection. The document is structured to comply with South African commercial law while providing flexibility to accommodate various business models and industry-specific requirements.
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1. Parties: Identification and details of the supplier and reseller
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Appointment and Territory: Formal appointment of reseller and definition of authorized territory
5. Rights and Obligations: Core rights and obligations of both parties, including exclusivity terms if applicable
6. Product Orders and Delivery: Process for ordering products, delivery terms, and related logistics
7. Pricing and Payment Terms: Product pricing, payment terms, invoicing, and price adjustment mechanisms
8. Marketing and Promotion: Requirements and restrictions for marketing and promoting the products
9. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data handling requirements
12. Term and Termination: Duration of agreement and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. B-BBEE Compliance: Required when parties need to address B-BBEE requirements and commitments
2. Training and Support: Include when supplier provides specific training or support services
3. Performance Targets: Include when setting specific sales targets or performance metrics
4. Stock Requirements: Include when reseller must maintain minimum stock levels
5. Export Control: Required when products are subject to export regulations
6. Insurance Requirements: Include when specific insurance coverage is required
7. Service Level Agreement: Include when specific service levels need to be maintained
8. Anti-Corruption Compliance: Include for international relationships or high-value contracts
1. Product List: Detailed list of products covered by the agreement
2. Price List: Current prices and discounts for all products
3. Territory Map: Detailed description or map of authorized territory
4. Service Level Requirements: Detailed service level metrics and requirements
5. Technical Requirements: Technical specifications and requirements for reseller
6. Brand Guidelines: Guidelines for use of supplier's branding and marketing materials
7. Returns Policy: Procedures and policies for product returns and warranties
8. Reporting Templates: Standard templates for required periodic reports
Relevant legal definitions
Clauses
Relevant Industries
Technology
Consumer Goods
Electronics
Automotive
Healthcare
Industrial Equipment
Telecommunications
Software
Fashion and Apparel
Food and Beverage
Construction Materials
Agricultural Products
Relevant Teams
Legal
Sales
Commercial
Compliance
Operations
Supply Chain
Distribution
Business Development
Procurement
Contract Management
Relevant Roles
Commercial Director
Sales Director
Legal Counsel
Compliance Officer
Business Development Manager
Operations Manager
Supply Chain Manager
Channel Manager
Distribution Manager
Contract Manager
Chief Commercial Officer
Chief Legal Officer
Sales Operations Manager
Procurement Manager
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