If there are disputes over the true nature of the relationship, the courts will consider what the relationship will look like in practice. This is unlike what each party calls the relationship. Where third parties wrongly regard the reseller as a representative or employee of the publisher, the complainants and the agreements signed by the reseller could be considered binding on the publisher itself. To avoid this, the publisher should ensure that the dealer does not present himself as a collaborator of the publisher. This often happens when the dealer uses a title like “VP Sales for Latin America” on business cars and email signatures, usually with the publisher`s name and logo. The publisher should require the reseller to clarify its relationship with the publisher in its dealings with third parties using a title such as “independent reseller.” Here are some of the key issues you need to consider and address in your sales contract. Often, reseller agreements are drafted in such a way that commercial relationships are not exclusive. This means that the wholesaler can enter into several agreements with different dealers. Most commercial agreements of software resellers are not exclusive, which means that the publisher can give others the right to resell the software. In some cases, a software reseller agreement may be exclusive, which would prohibit the publisher (or one of its other resellers) from reselling or distributing the software to certain end-users.
Make sure you protect your copyrights, patents and trademarks. Your distributor should only be able to use it as long as the agreement remains in effect and it is useful to have a clause requiring it to notify you and act to protect your interests, for example when counterfeit goods appear on the market. An agency agreement is an agreement between a client (you, the owner of the goods) and a representative (the company that sells the goods on your behalf). The software reseller contract should determine whether the publisher is required to offer the end user the maintenance or upgrade of the software, and whether there is a need to pay additional costs for maintenance or upgrade. Of course, the dealer will probably want to pass on additional charges to his customers. Once you have selected your distributor, make sure you have a written sales contract with them, which defines the terms of the deal and allows you to terminate the agreement if things don`t work properly. If you are required to notify the retailer of the unavailability of your products and you have not notified them, you may be in violation of the dealer`s agreement and you will have to pay compensation to the dealer. One is to appoint an agent or sales agent who promotes your products and finds buyers for you. The other is to designate a merchant or reseller who will buy your products and then resell them on their territory, which is covered in this article.
The article on the differences between agents and distributors can also be useful if you are undecided that you would use better. Finally, an international agreement on software resellers should contain a language requiring the reseller to comply with U.S. laws governing international trade, such as export controls, sanctions, not dealing with restricted parties and avoiding bribery of foreign officials. Even if the dealer is independent of the publisher, a violation of these laws by the dealer can cause significant problems to the publisher. The software reseller agreement contains important terms and conditions regarding the rights and obligations of the reseller. While each software reseller contract will vary according to a variety of criteria, here are some keywords that need to be addressed.