The Software License Reseller Agreement is essential for software companies expanding their distribution channels in Belgium and the EU market. This document is used when a software owner wants to authorize third parties to resell their software products while maintaining control over distribution and protecting their intellectual property rights. It addresses key aspects required under Belgian law, including appointment terms, territory definitions, pricing structures, compliance requirements, and data protection obligations. The agreement needs to comply with both Belgian commercial law and EU regulations, particularly regarding software licensing, electronic commerce, and data protection. It's particularly important for software companies utilizing indirect sales channels and looking to scale their market presence while ensuring legal compliance and maintaining quality control over their software distribution.
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1. Parties: Identification of the software owner/licensor and the appointed reseller, including full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of the software, and the parties' intentions regarding the reseller arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including Software, Territory, End Users, License Fees, etc.
4. Appointment and Scope: Terms of reseller appointment, exclusivity/non-exclusivity, territory definition, and authorized activities
5. License Grant: Scope of license granted to reseller, including rights to market, distribute, and sublicense the software
6. Reseller Obligations: Core responsibilities including marketing, sales targets, customer support, reporting, and compliance requirements
7. Licensor Obligations: Software owner's commitments regarding support, updates, training, and marketing assistance
8. Financial Terms: Pricing structure, payment terms, currency, taxes, and reporting requirements
9. Intellectual Property Rights: Protection of IP rights, ownership declarations, and restrictions on use
10. Confidentiality: Protection of confidential information, including software code, customer data, and business information
11. Term and Termination: Duration of agreement, renewal terms, and grounds for termination
12. Data Protection: GDPR compliance requirements and data handling obligations
13. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Marketing and Promotion: Detailed marketing requirements and brand usage guidelines, included for agreements with significant marketing components
2. Service Level Agreement: Specific performance metrics and support requirements, needed for complex software solutions
3. Training Requirements: Detailed training obligations for reseller staff, included when product complexity requires specific expertise
4. Audit Rights: Right to audit reseller's compliance, typically included for high-value or regulated software
5. Insurance Requirements: Specific insurance coverage requirements, included for high-risk or regulated industries
6. Source Code Escrow: Source code escrow arrangements, included for business-critical software
7. Anti-Corruption Compliance: Detailed anti-corruption provisions, included for international distribution
8. Minimum Purchase Requirements: Minimum revenue or unit sales requirements, included for exclusive arrangements
1. Software Description: Detailed description of software products, versions, and technical specifications
2. License Fee Schedule: Detailed pricing structure, discounts, and commission rates
3. Territory Definition: Detailed description of geographical or market segment limitations
4. Service Level Requirements: Technical support and maintenance service level specifications
5. End User License Agreement: Standard EULA to be used with end customers
6. Marketing Guidelines: Brand usage rules and marketing requirements
7. Technical Requirements: Minimum technical specifications for software deployment
8. Reporting Templates: Standard formats for sales, revenue, and performance reporting
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Enterprise Software
Cloud Services
E-commerce
Digital Services
Telecommunications
Financial Services
Healthcare Technology
Manufacturing Software
Retail Technology
Educational Technology
Professional Services
Relevant Teams
Legal
Sales
Business Development
Partner Relations
Compliance
Commercial Operations
Contract Administration
Channel Management
Software Licensing
Partner Success
Revenue Operations
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Legal Counsel
Commercial Director
Business Development Manager
Software Licensing Manager
Partner Relations Manager
Compliance Officer
Contract Manager
Chief Revenue Officer
Distribution Manager
Partner Account Manager
Chief Legal Officer
Sales Operations Manager
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