The Software Reseller Agreement is essential for businesses engaged in software distribution within South Africa's growing technology market. This agreement is typically used when a software company wishes to expand its market reach through authorized resellers, establishing a formal distribution channel while maintaining control over how their software is sold and marketed. The document addresses key aspects required under South African law, including compliance with the Electronic Communications and Transactions Act, POPIA, and relevant consumer protection legislation. It's particularly important for international software companies entering the South African market, as it must account for local regulatory requirements while protecting intellectual property rights and establishing clear operational guidelines.
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1. Parties: Identification of the software owner/supplier and the reseller with full legal entity details
2. Background: Context of the agreement, brief description of the software and business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined territory for operations
5. License Grant: Scope of license granted to reseller for marketing and distributing the software
6. Obligations of the Reseller: Key responsibilities including marketing, support, reporting, and compliance
7. Obligations of the Supplier: Support, training, and materials to be provided by the software supplier
8. Ordering and Delivery: Process for placing orders and software delivery mechanisms
9. Prices and Payment Terms: Pricing structure, payment terms, and invoicing procedures
10. Intellectual Property Rights: Protection of IP rights and usage restrictions
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Data Protection: POPIA compliance and data handling requirements
14. Warranties and Indemnities: Warranties regarding software and mutual indemnification provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Marketing and Promotion: Detailed marketing requirements and co-branding guidelines, used when specific marketing obligations are required
2. Service Level Agreement: Specific performance metrics and support requirements, included when technical support is part of reseller obligations
3. Minimum Purchase Requirements: Minimum sales targets or purchase commitments, used for exclusive reseller arrangements
4. Training Requirements: Detailed training obligations and certification requirements, included when technical expertise is crucial
5. Export Control: Export restrictions and compliance requirements, needed for international distribution
6. Source Code Escrow: Source code protection provisions, included when reseller requires additional security
7. Anti-corruption Compliance: Specific anti-corruption provisions, important for international dealings
8. Insurance Requirements: Specific insurance coverage requirements, included for high-value arrangements
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 structure and reseller discounts
4. Schedule 4 - Service Level Requirements: Technical support and service level specifications
5. Schedule 5 - Trademark Usage Guidelines: Rules for using supplier's trademarks and branding
6. Schedule 6 - Reporting Templates: Required formats for sales and activity reporting
7. Appendix A - Technical Requirements: Technical specifications and system requirements
8. Appendix B - Support Procedures: Procedures for handling customer support and escalations
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
E-commerce
Digital Services
Enterprise Software
Cloud Computing
Telecommunications
Retail Technology
Business Services
Relevant Teams
Legal
Commercial
Sales
Business Development
Compliance
Channel Management
Partner Relations
Software Licensing
Contract Administration
Information Technology
Relevant Roles
Legal Counsel
Commercial Director
Sales Director
Channel Manager
Business Development Manager
Software Licensing Manager
Compliance Officer
Contract Manager
Chief Technology Officer
Chief Commercial Officer
Partner Relations Manager
Distribution Manager
Regional Sales Manager
Software Asset Manager
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