The licensor has developed the software included in this software distribution agreement and the licensee has expressed an interest to become a distributor of the software. In a license, the customer gets rights to copy and use software, while in a services contract, the customer gets a service, like tech support or it consulting. Software reselling can be treacherous to navigate without a software reseller agreement checklist as there are a lot of factors to consider. Read for tips on drafting software reseller agreements. Checkout our post on property agreement templates as well if you like to. Apple product retailer reseller agreement retailer. Reseller will bear all risk of nonpayment by end users, and will be solely responsible for all of its costs and expenses. A software reseller agreement is a legal agreement outlining the. What is var agreement valueadded reseller agreement. With respect to teradata confidential information, and subject to section 8 of this agreement, reseller will use teradata confidential information only for purposes of facilitating resellers product resale activities under this agreement. Bluecat networks online reseller agreement 2017 march 3 i maintenance and support program means the maintenance services relating to updates, upgrades, patches, bug fixes and other improvements to the software products and the.
Value added reseller agreement the valueadded reseller agreement grants a reseller the right to market a companys products in combination with other products and services retailed, provided or. There is a process specified that allows the reseller to enter into such contract. Reseller will be paid a % commission on all software net sales that are made by reseller during the term of this agreement. Write down the basic information of the parties involved. Value added reseller agreement business power tools. The reseller or distributor will purchase saas software and services from the supplier under the terms set forth in a reseller or distribution agreement. You would need to enter into a reseller agreement if. Whereas, under a reseller agreement, the contract is between the reseller and the customer.
A software reseller agreement is sometimes referred to as a software distributor agreement or a software distribution agreement. Software vendors have long relied upon resellers to market and sell traditional software licences. Jan 07, 2019 this agreement includes the whole contract between the actions with regards to its topic and includes and supersedes all before agreements, representations and understanding of the actions, launched or oral. Most it contract drafters know the difference between a software license agreement and a technology services contract. Which terms shall be included in the while label agreement. A software reseller agreement is an agreement containing the rights and responsibilities between the owner of the software or the publisher and a person or business organization wanting the right to sell or license the software to third parties.
Download these free sample reseller agreement templates to assist you in drafting your own legal reseller agreement. Microsoft cloud agreement mca is a transactional licensing agreement for commercial. This contract will allow authorized users to place purchase orders for microsoft product in. It contains important terms that affect you and your use of the service. If teradata accepts your order, the contract concerning it consists of this. If the software is high risk or high value, andor the arrangement will involve the company being the software supplier, not the reseller providing additional services to the reseller, you should use an agreement that has been drafted for those purposes e. Reseller partner agreement saas this reseller partner agreement this agreement is entered into as of insert date the effective date by asc networks inc. The valueadded reseller agreement provides for a software developer to sell its programs to a reseller, who then may combine the programs with other software or hardware. A software reseller agreement is a legal agreement outlining the rights and responsibilities between the owner of software the publisher and a person or business wanting the right to sell or license the software to third parties the reseller.
Bluecat networks online reseller agreement 2017 march 3 i maintenance and support program means the maintenance services relating to updates, upgrades, patches, bug fixes and other. In consideration of these facts, the licensor and licensee agree to abide by the following terms for the duration of this software distribution agreement. Dont use license agreements for software as a service tech. Under an agency agreement, the agent enters into the contract with the customer on behalf of the principal. Such revisions and changes shall become effective in accordance with the e signature process. If the software is high risk or high value, andor the. Value added reseller agreement get free legal forms. Software reseller agreement essentials klemchuk llp. Reseller agreement residential lease retirement agreement sales representative agreement severance agreement software as a. This reseller program agreement reseller agreement is made between the applicable reseller, hereinafter referred to as reseller, and mozello sia, a business. Dont use license agreements for software as a service. A reseller agreement is that agreement according to which a company or individual merchant purchases goods or services with the purpose of selling them rather than consuming or using them. A var agreement is a legal contract between a manufacturer and a valueadded reseller that specifies the rights and obligations of both parties.
A software reseller agreement checklist is an itemized step by step list that will guide you throughout the process of a reseller agreement. This software as a service agreement is a contract between you the customer and us, company name the company, for your use of software service name the service. While reseller agreements can be effective in driving growth, they can easily go off the rails. This is a simple supplier friendly b2b reseller agreement for low valuelow risk software. Reseller shall, prior to providing any end user with any software, either directly or through its subresellers, use reasonable efforts to ensure that each end user has read and agreed to the terms and conditions of companys end user software license agreement. A saas reseller agreement involves a software services provider the vendor, granting the reseller, the rights to enter into a contract with a third party. The reseller should instead be granted a limited licence that prohibits copying, modifying or reverse engineering the software. This reseller agreement is the entire agreement between you and atlassian relating to the resale of atlassian products as described in this reseller agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the products or any other subject matter covered by this reseller. This master reseller agreement the agreement is between digicert, inc. Page 1 of 16 confidential reseller partner agreement saas this reseller partner agreement this agreement is entered into as of insert date the effective date by asc networks inc. Many vars call themselves by that name but are really just resellers. This software reseller agreement is between an ownercreator of certain products supplier and a company seeking to provide remarketing installation and other services in respect of those products reseller.
A software reseller agreement is an agreement containing the rights and responsibilities between the owner of the software or the publisher and a person or business organization wanting the right to sell. Firstly, as a supplier, it is crucial your it reseller agreement does not assign intellectual property rights to the. Software reseller agreement template simmonds stewart nz. You can find a reseller agreement template here for mostly anything you would be in the business of redistributing, whether it is a physical consumer commodity, software and web domains, a company. This agreement includes the whole contract between the actions with regards to its topic and includes and supersedes all before agreements, representations and understanding of the actions. We offer multiple agreement options to help partners license microsoft cloud services and onpremises software. Nov 08, 2018 your it reseller agreement should address two critical intellectual property issues. Software distribution agreement template get free sample. Enquiries about agreements for the resale of software asaservice systems keep cropping up in my inbox, and ive taken on several instructions in the past few weeks. So here are the steps that will help ensure that youre able to create a proper reseller agreement. This software as a service agreement is a contract between you the customer and us, company name the company, for your use of software service name. Customers will be subject to digicerts applicable contract terms for. Cloud services reseller agreements seem to be in vogue.
The reseller shall ensure that any person associated with the reseller who is performing services or providing goods in connection with this agreement does so only on the basis of a written contract. Sep 12, 2011 most it contract drafters know the difference between a software license agreement and a technology services contract. Reseller shall not use the software for its internal use, unless agreed to the terms and condition of software license agreement. They are often used as it contracts to distribute software. This award establishes the microsoft reseller agreement between dell marketing lp and the state of new york. Thus, the agent is legally authorized to enter into contracts on behalf of the. If the software is high risk or high value, andor the arrangement will involve the company being the software supplier, not the reseller providing. You can find a reseller agreement template here for mostly anything you would be in the business of redistributing, whether it is a physical consumer commodity, software and web domains, a company, capital goods like equipment, or partner services like advertising.
It is then resold to the local customers within the reseller or distributors territory, under its own terms and conditions and service level agreement, known as an sla. Reseller will independently set its own pricing to each end user. The terms of the united nations convention on contracts for the sale of. The agreement contains many terms such as consideration, orders, the appointment of reseller, resale of services, and other important terms. This master reseller agreement, which includes the exhibits referenced herein and attached hereto, this agreement is effective as of. This agreement is used between the original creator of products and services. Komodo white label reseller agreement this white label reseller agreement agreement is between you both the individual reselling the product units and, if applicable, the company on behalf of which you are entering into this agreement reseller and peakey enterprise llc, an indiana corporation.
In a license, the customer gets rights to copy and use software, while in a services contract. Reseller partner agreement saas contract management software. White label agreement simply explained agp law firm. This contract will allow authorized users to place purchase orders for microsoft product in accordance with the terms and conditions set forth in the various documents that make up the business agreement between microsoft and the state of new york for microsoft product including enterprise agreement program agreement, select plus license. Software reseller agreement template simmonds stewart. Software reselling can be treacherous to navigate without a software. This software distribution agreement should be used by a company who wishes to grant a third party rights to sell or otherwise distribute their software. Your it reseller agreement should address two critical intellectual property issues. Jan 1, 1999 value added reseller agreement ardent software inc. This nonexclusive software reseller agreement this agreement is entered into as of the date of approval into the innovative litigation services reseller program the effective date, by and between innovative litigation services. A var purchases a product from a manufacturer, adds value to that product in some way and then resells the product as its own. A saas reseller agreement is one where a software services provider, known as the vendor, grants the reseller rights to enter into contracts with customers, or third parties, to provide the vendors services to the customers.
A saas reseller agreement involves a software services provider, known as the vendor, granting another business, the reseller, the rights to enter into a contract with a third party customer as the principal for providing the vendors services to the third party. During the term of this agreement, reseller agrees that simplycast may 1 revise the terms and conditions of this agreement. Microsoft enterprise agreement and microsoft enterprise subscription agreement are commitmentbased licensing agreements for commercial organizations signing a new enrollment with 500 or more usersdevices and government organizations with 250 or more usersdevices. For example, the valueadded reseller agreement enables software company to provide its. Enquiries about agreements for the resale of softwareasaservice systems keep cropping up in my inbox, and ive taken on several instructions in. Firstly, as a supplier, it is crucial your it reseller agreement does not assign intellectual property rights to the reseller. This reseller partner agreement this agreement is entered into as. Nys ogs 76000 23116 microsoft reseller agreement award. Value added reseller agreement the valueadded reseller agreement grants a reseller the right to market a companys products in combination with other products and services retailed, provided or developed by the var. Apple product retailer reseller agreement this agreement between iqmetrix software development corp.
The reseller shall ensure that any person associated with the reseller who is performing services or providing goods in connection with this agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the reseller in this clause 18 the relevant terms. This master reseller agreement, which includes the exhibits. Komodo white label reseller agreement this white label reseller agreement agreement is between you both the individual reselling the product units and, if applicable, the company on behalf. This atlassian reseller agreement the reseller agreement is. Its55designatedmassit ibm software, appliances, maintenance, and technical support statewide contract please contact eziquio. Much like a loan agreement, a reseller agreement will require certain pieces of information in order for it to be valid and official.
There is a process specified that allows the reseller to enter into such contract agreements. When i refer to a saas reseller agreement, i mean an agreement under which either. This reseller agreement is the entire agreement between you and atlassian relating to the resale of atlassian products as described in this reseller agreement and supersedes all prior or. But software as a service saas seems to throw a wrench into the. If you wish to have several people reselling your products, you will likely need a reseller agreement, rather than an agency agreement.
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