The Software Reseller Agreement is a critical document used to establish authorized distribution channels for software products in the Netherlands and potentially broader territories. This agreement is essential when a software manufacturer wants to expand their market reach through third-party resellers while maintaining control over their product's distribution and brand reputation. The document comprehensively covers commercial terms, technical requirements, and legal obligations under Dutch law, including compliance with the Dutch Civil Code, Competition Act, and EU regulations such as GDPR. It's particularly relevant in today's digital economy where software distribution often involves cloud services, subscription models, and complex licensing arrangements. The agreement protects both the software supplier's intellectual property rights and the reseller's commercial interests while ensuring clear guidelines for the relationship.
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1. Parties: Identification of the software manufacturer/supplier and the reseller, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software products, and purpose of the reseller relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of reseller appointment, territory, exclusivity/non-exclusivity, and authorized products
5. License Grant: Scope of license granted to reseller for selling and distributing the software
6. Reseller Obligations: Key responsibilities including marketing, minimum purchase requirements, reporting, and customer support
7. Supplier Obligations: Support, training, and resources to be provided by the software supplier
8. Intellectual Property Rights: Protection of IP rights, permitted use of trademarks, and restrictions
9. Pricing and Payment Terms: Pricing structure, payment terms, currency, and invoicing procedures
10. Order Process: Procedures for placing and fulfilling orders
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Data Protection: GDPR compliance and data handling requirements
13. Confidentiality: Protection of confidential information and trade secrets
14. Warranties and Indemnities: Product warranties, service levels, and indemnification provisions
15. Limitation of Liability: Limitations and exclusions of liability
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. White Labeling: Terms for rebranding the software under reseller's brand, used when white labeling is permitted
2. Marketing Requirements: Specific marketing obligations and commitments, included when there are detailed marketing requirements
3. Performance Targets: Specific sales targets and consequences of meeting/missing them, used for performance-based agreements
4. Technical Support Level: Detailed support obligations for different tiers of service, included when reseller provides technical support
5. Training Requirements: Mandatory training and certification requirements, used when specific expertise is required
6. Source Code Escrow: Terms for source code escrow arrangements, included when reseller requires additional security
7. Customer Data Migration: Procedures for handling customer data migration, relevant for cloud-based software
8. Localization Rights: Terms for software localization and modification rights, used for international distribution
9. Sub-reseller Rights: Terms for appointing sub-resellers, included when sub-reselling is permitted
10. Insurance Requirements: Specific insurance coverage requirements, used for high-value or high-risk products
1. Schedule 1 - Licensed Software: Detailed list of software products covered by the agreement, including versions and specifications
2. Schedule 2 - Price List: Current pricing structure, discounts, and commission rates
3. Schedule 3 - Territory: Detailed description of authorized sales territory and any excluded territories
4. Schedule 4 - Service Level Agreement: Detailed support and maintenance service levels
5. Schedule 5 - Technical Requirements: Technical specifications and requirements for reselling the software
6. Schedule 6 - Approved Marketing Materials: Guidelines and approved materials for marketing the software
7. Schedule 7 - Reporting Templates: Required formats for sales reports and performance metrics
8. Appendix A - End User License Agreement: Standard EULA to be used with end customers
9. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and requirements
10. Appendix C - Support Procedures: Detailed procedures for handling customer support and escalations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Enterprise Software
Cloud Services
E-commerce
Telecommunications
Digital Services
Retail Technology
Business Services
Systems Integration
Managed Services
Computer Hardware
Digital Solutions
Technology Consulting
Relevant Teams
Legal
Sales
Commercial
Business Development
Partner Management
Channel Sales
Compliance
Operations
Technical Support
Contract Administration
Partner Success
Channel Marketing
Product Management
Distribution
Alliance Management
Relevant Roles
Chief Executive Officer
Commercial Director
Sales Director
Channel Manager
Partner Manager
Legal Counsel
Contract Manager
Business Development Manager
Software Licensing Manager
Commercial Operations Manager
Distribution Manager
Alliance Manager
Partner Account Manager
Chief Technology Officer
Head of Sales
General Counsel
Compliance Officer
Channel Sales Director
Commercial Lawyer
Partnership Director
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