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Software Reseller Agreement for Indonesia

Software Reseller Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions under which a software supplier grants rights to a reseller to market, distribute, and sell their software products. This agreement addresses key aspects including licensing terms, territorial rights, pricing structures, intellectual property protection, and compliance with Indonesian electronic transaction laws and data protection regulations. It includes provisions for technical support, maintenance obligations, warranty terms, and specific requirements under Indonesian commercial law, particularly Law No. 11 of 2008 on Electronic Information and Transactions.

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Software Reseller Agreement

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What is a Software Reseller Agreement?

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.

What sections should be included in a Software Reseller Agreement?

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

What sections are optional to include in a Software Reseller Agreement?

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

What schedules should be included in a Software Reseller Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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