The Software Reseller Agreement is essential for businesses seeking to expand their software distribution channels in Indonesia. This document is typically used when a software company wants to authorize third parties to resell their software products while maintaining control over distribution and brand integrity. It's particularly important in the Indonesian market due to specific legal requirements under the ITE Law and related regulations governing electronic transactions and software distribution. The agreement covers crucial elements such as licensing rights, territorial restrictions, pricing policies, support obligations, and compliance with local regulations. It's designed to protect both the software owner's intellectual property rights and the reseller's commercial interests while ensuring compliance with Indonesian law, including data protection regulations and electronic transaction requirements. The document becomes especially relevant when establishing new distribution channels or formalizing existing reseller relationships in the Indonesian market.
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1. Parties: Identification of the software owner/supplier and the reseller, including their complete legal details
2. Background: Context of the agreement, including brief description of the software and purpose of the reseller arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment, territory definition, and exclusivity status
5. License Grant: Specific rights granted to reseller for marketing, distributing, and selling the software
6. Obligations of the Supplier: Supplier's commitments regarding software provision, updates, support, and training
7. Obligations of the Reseller: Reseller's commitments regarding marketing, sales, reporting, and customer support
8. Intellectual Property Rights: Protection and ownership of IP, usage of trademarks and branding
9. Commercial Terms: Pricing, payment terms, commissions, and financial arrangements
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Indonesian data protection laws and data handling requirements
13. Warranties and Indemnities: Warranties provided by both parties and indemnification obligations
14. Limitation of Liability: Limitations on parties' liabilities and exclusions
15. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Marketing and Promotion: Detailed marketing requirements and guidelines - include when specific marketing obligations need to be defined
2. Technical Requirements: Specific technical standards and infrastructure requirements - include for complex software systems
3. Training and Certification: Required training and certification programs - include when reseller needs specific expertise
4. Service Level Agreement: Support and maintenance service levels - include when reseller provides technical support
5. Minimum Purchase Requirements: Minimum sales or purchase commitments - include for exclusive arrangements
6. Export Control: Export compliance requirements - include when international distribution is involved
7. Source Code Escrow: Source code escrow arrangements - include when reseller requires source code protection
8. Insurance Requirements: Specific insurance coverage requirements - include for high-value or high-risk software
1. Schedule 1 - Software Description: Detailed description of software products, versions, and features covered
2. Schedule 2 - Territory Definition: Detailed description of geographic or market territories assigned
3. Schedule 3 - Price List: Current pricing structure, discounts, and commission rates
4. Schedule 4 - Service Level Requirements: Detailed support and maintenance service level specifications
5. Schedule 5 - Technical Specifications: Technical requirements and specifications for software deployment
6. Schedule 6 - Trademark Usage Guidelines: Guidelines for using supplier's trademarks and branding
7. Appendix A - Reporting Templates: Standard templates for sales reporting and performance metrics
8. Appendix B - Support Procedures: Procedures for handling customer support and escalations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
E-commerce
Telecommunications
Financial Services
Healthcare
Education
Manufacturing
Retail
Professional Services
Cloud Services
Enterprise Solutions
Relevant Teams
Legal
Sales
Business Development
Channel Management
Partner Relations
Commercial Operations
Compliance
Software Licensing
Partner Success
Distribution
Account Management
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Compliance Officer
Software Licensing Manager
Partnership Manager
Distribution Manager
Commercial Director
Contract Manager
Regional Sales Manager
Partner Success Manager
Account Executive
Software Sales Manager
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