The Software Reseller Agreement is a critical legal instrument used when a software owner wishes to expand their distribution channels through authorized resellers in Ireland and potentially other territories. This agreement type is essential for software companies looking to scale their market presence while maintaining control over their intellectual property and brand. The document addresses key aspects such as licensing rights, territory definitions, revenue sharing, support obligations, and compliance with Irish and EU regulations. It's particularly important in the current digital economy where software distribution models are becoming increasingly complex and require careful attention to both commercial and regulatory requirements. The agreement ensures that both parties understand their rights and obligations while providing mechanisms for managing the ongoing relationship and potential disputes under Irish jurisdiction.
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1. Parties: Identifies the contracting parties - typically the software owner/licensor and the appointed reseller
2. Background: Sets out the context of the agreement, including the software owner's rights and the reseller's desire to distribute the software
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the reseller's appointment, whether exclusive or non-exclusive, and defines the geographical territory
5. License Grant: Specifies the rights granted to the reseller to market, distribute and sell the software
6. Obligations of the Software Owner: Details the software owner's responsibilities including support, updates, and training
7. Obligations of the Reseller: Specifies the reseller's duties including marketing, sales targets, customer support, and reporting
8. Financial Terms: Covers pricing, payment terms, commissions, and revenue sharing arrangements
9. Intellectual Property Rights: Protects the software owner's IP and sets out permitted uses of trademarks and branding
10. Confidentiality: Protects confidential information exchanged between the parties
11. Term and Termination: Sets out the duration of the agreement and circumstances for termination
12. Post-Termination: Describes obligations and rights after the agreement ends
13. General Provisions: Includes standard legal clauses such as force majeure, notices, and governing law
1. Minimum Purchase Requirements: Used when the software owner requires the reseller to maintain minimum purchase or sales levels
2. White Labeling Rights: Included when the reseller has the right to rebrand the software under their own name
3. Professional Services: Required when the reseller will provide additional professional services such as implementation or customization
4. Export Controls: Necessary for international distribution arrangements
5. Source Code Escrow: Included when source code escrow arrangements are part of the agreement
6. Data Protection: Required when personal data processing is involved in the software's operation
7. Service Level Agreement: Included when specific performance levels are guaranteed for the software
8. Marketing Requirements: Used when specific marketing commitments or co-branding requirements exist
1. Schedule 1 - Software Description: Detailed description of the software products covered by the agreement
2. Schedule 2 - Territory Definition: Detailed description of the geographical territory and any excluded territories
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing information, commission rates, and payment terms
4. Schedule 4 - Service Level Agreement: Technical support and maintenance service levels
5. Schedule 5 - Marketing Guidelines: Guidelines for use of trademarks, logos, and marketing materials
6. Schedule 6 - Reporting Requirements: Templates and requirements for periodic sales and performance reporting
7. Appendix A - Technical Requirements: Technical specifications and minimum requirements for software operation
8. Appendix B - Training Requirements: Required training programs for reseller's sales and technical staff
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Technology Distribution
Value Added Resellers
Cloud Services
Systems Integration
Managed Services
Digital Solutions
Enterprise Software
Retail Technology
Financial Technology
Healthcare Technology
Relevant Teams
Legal
Sales
Channel Partners
Business Development
Commercial Operations
Compliance
Partner Success
Revenue Operations
Product Management
Distribution
Relevant Roles
Chief Technology Officer
Commercial Director
Sales Director
Channel Manager
Partner Success Manager
Legal Counsel
Contracts Manager
Business Development Manager
Software Licensing Manager
Partnership Director
Distribution Manager
Channel Sales Executive
Compliance Officer
Chief Revenue Officer
VP of Sales
Head of Partnerships
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