12 Avr 2021

Software Reseller Partner Agreement

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If the software reseller is really a reseller, the reseller acquires licenses from the publisher and then sells the licenses to its customers. In these cases, the reseller wants the publisher to commit to certain prices of its products, so that the reseller will be able to charge enough to make a reasonable profit. Software resellers are, much like salespeople, independent of the employer. They enter into an agreement with the original software developer that allows them to resell their products to customers under their own brand. This is crucial — end-users are generally unaware of the link between the retailer and the white-label software manufacturer. These are the bare bones of the agreement that you should go deep before you agree to become a white label software reseller. You should of course take the time to review the entire document at least a few times to avoid unpleasant situations. Retailers generally also choose their own margins. The whole idea behind reselling a white label product is that you can choose the price point. This gives resellers the opportunity to generate substantial revenue, as the difference between the purchase price and the selling price can be significant. Non-exclusive agreements are therefore much more common. This is a risk-free option for the software developer because they do not have to rely on the performance of a single reseller, but generate revenue from hundreds of different resellers.

The software reseller agreement contains important terms and conditions regarding the rights and obligations of the reseller. While each software reseller contract will vary according to a variety of criteria, here are some keywords that need to be addressed. In addition to supporting business partnerships, software reseller agreements can also help avoid a variety of problems. These problems can arise from simple problems such as. B: When it comes to legally binding documents such as software reseller agreements, it is important to understand exactly what you accept. It is also good to know what the supplier`s responsibilities are, as well as the services they offer (if any) after signing the agreement. Where third parties wrongly regard the reseller as a representative or employee of the publisher, the complainants and the agreements signed by the reseller could be considered binding on the publisher itself. To avoid this, the publisher should ensure that the dealer does not present himself as a collaborator of the publisher.

This often happens when the dealer uses a title like « VP Sales for Latin America » on business cars and email signatures, usually with the publisher`s name and logo. The publisher should require the reseller to clarify its relationship with the publisher in its dealings with third parties using a title such as « independent reseller. » Regardless of lifespan, the software reseller contract should look at what happens when the term expires or is otherwise terminated. Certain post-termination issues that may need to be addressed include the impact on end-user license renewal, data ownership or other PIs related to distributor changes, software, future commissions due to the reseller, and responsibility for ongoing service agreements related to the software. Therefore, the agreement between the software reseller should clearly define the role of the reseller and distinguish it from that of an independent employee or sales agent. One of the advantages of using an employee to sell software is that the employee focuses on selling the employer`s products – not on competitors.

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