The Reseller Agreement is a critical commercial contract used when a company (supplier) wishes to expand its distribution network by authorizing another entity (reseller) to sell its products in Malaysia. This document is essential for businesses looking to establish indirect sales channels while maintaining control over their product distribution, brand reputation, and market presence. The agreement encompasses key commercial terms including appointment rights, territorial restrictions, pricing structures, performance requirements, and compliance with Malaysian regulatory requirements. It's particularly important in the Malaysian context where distribution relationships must comply with specific local laws regarding competition, consumer protection, and trade practices. The document serves as the foundational framework for the supplier-reseller relationship, ensuring clear understanding of rights, obligations, and operational procedures while providing adequate protection for both parties' interests.
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1. Parties: Identification and details of the supplier and reseller
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, exclusivity status, and territorial scope
5. Obligations of the Supplier: Supplier's commitments regarding product supply, support, and training
6. Obligations of the Reseller: Reseller's commitments regarding sales, marketing, and performance
7. Ordering and Delivery: Process for placing orders and product delivery terms
8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
9. Intellectual Property: Protection and usage rights of trademarks, patents, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and circumstances for termination
12. Post-Termination: Obligations and rights after agreement termination
13. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Minimum Purchase Requirements: Used when implementing specific sales targets or minimum order quantities
2. Marketing and Promotion: Detailed marketing obligations when specific promotional activities are required
3. Training and Support: Included when comprehensive training programs are part of the relationship
4. Product Warranty: Detailed warranty terms when standard terms need modification
5. Insurance: Specific insurance requirements beyond standard coverage
6. Non-Competition: Restrictions on competing activities, if applicable and legally enforceable
7. Data Protection: Detailed data protection provisions when significant personal data processing is involved
8. Import/Export Compliance: Required for international trade activities
9. Anti-Corruption: Enhanced compliance provisions for high-risk markets or government sales
1. Products and Pricing Schedule: List of approved products and pricing structure
2. Territory Schedule: Detailed description of authorized sales territory
3. Performance Targets: Specific sales targets and performance metrics
4. Technical Requirements: Technical specifications and support requirements
5. Trademark Usage Guidelines: Rules for using supplier's trademarks and branding
6. Service Level Agreement: Detailed service standards and support requirements
7. Approved Sub-resellers: List of authorized sub-resellers if permitted
8. Returns and Warranty Procedure: Detailed procedures for handling returns and warranty claims
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Consumer Electronics
Automotive Parts
Industrial Equipment
Medical Devices
Telecommunications
Fashion and Apparel
Food and Beverage
Construction Materials
Office Equipment
Pharmaceuticals
Home Appliances
Relevant Teams
Legal
Sales
Commercial
Operations
Procurement
Compliance
Supply Chain
Business Development
Partner Management
Contract Administration
Distribution
Relevant Roles
Sales Director
Commercial Manager
Business Development Manager
Channel Manager
Legal Counsel
Procurement Manager
Operations Director
Distribution Manager
Compliance Officer
Contract Administrator
Chief Commercial Officer
Regional Sales Manager
Partner Manager
Chief Executive Officer
Supply Chain Manager
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