The Reseller Agreement is a critical commercial contract used when a business wants to expand its distribution network by appointing third-party resellers to market and sell its products in Australia. This document is essential for businesses seeking to establish indirect sales channels while maintaining control over their brand and product distribution. The agreement must comply with Australian competition law, consumer protection regulations, and fair trading requirements. It typically includes detailed provisions on territorial rights, pricing structures, minimum purchase requirements, performance standards, and brand usage guidelines. The document is particularly important in industries where local market presence and specialized distribution networks are crucial for business success, and where clear delineation of rights and responsibilities between supplier and reseller is necessary to prevent disputes and ensure effective market coverage.
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1. Parties: Identifies and provides full legal details of the supplier/manufacturer and the reseller
2. Background: Sets out the context of the agreement, including the supplier's business, products, and intent to appoint reseller
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Defines the nature of appointment (exclusive/non-exclusive) and geographical territory
5. Term and Renewal: Specifies initial term and any renewal provisions
6. Reseller Obligations: Details core responsibilities of the reseller including sales targets, marketing, customer service
7. Supplier Obligations: Outlines supplier's commitments including product supply, support, training
8. Ordering and Delivery: Processes for ordering, minimum orders, delivery terms
9. Prices and Payment: Pricing structure, payment terms, price changes
10. Intellectual Property: Rights and restrictions regarding use of trademarks, logos, and other IP
11. Confidentiality: Protection of confidential information between parties
12. Warranties and Indemnities: Product warranties and mutual indemnification provisions
13. Termination: Grounds for termination and consequences
14. Post-Termination: Obligations and rights after agreement ends
15. General: Standard boilerplate provisions including notices, assignment, governing law
1. Marketing and Promotion: Detailed marketing requirements and cost-sharing arrangements. Include when there are specific marketing commitments expected
2. Training Requirements: Specific training obligations for reseller staff. Include when products require technical expertise
3. Performance Criteria: Detailed performance metrics and consequences. Include when specific targets are crucial
4. Customer Data and Privacy: Specific provisions for handling customer data. Include when significant customer data is shared
5. Insurance: Specific insurance requirements. Include when high-value or high-risk products are involved
6. Non-Compete: Restrictions on competing activities. Include when protecting market position is crucial
7. Export Controls: Export restriction provisions. Include when international sales are possible
8. Source Code Escrow: Software source code protection. Include when reselling software products
1. Products Schedule: List of authorized products and their specifications
2. Price List: Detailed pricing structure and reseller discounts
3. Territory Definition: Detailed description of geographical territory and any exclusions
4. Service Level Agreement: Support and service standards for both parties
5. Trademark Usage Guidelines: Specific rules for using supplier's trademarks and branding
6. Performance Targets: Detailed sales targets and measurement criteria
7. Technical Requirements: Technical specifications and requirements for reseller
8. Return Policy: Procedures for handling product returns and warranties
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Consumer Goods
Electronics
Software
Automotive
Medical Devices
Telecommunications
Industrial Equipment
Pharmaceuticals
Food and Beverage
Retail
Relevant Teams
Legal
Commercial
Sales
Business Development
Channel Management
Procurement
Operations
Compliance
Distribution
Partner Management
Relevant Roles
Commercial Director
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Distribution Manager
Partner Manager
Sales Operations Manager
Procurement Manager
General Counsel
Chief Executive Officer
Commercial Lawyer
Channel Sales Director
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