What is a reseller contract?
A reseller agreement (also known as a reseller contract or resale contract) is a type of agreement where a party authorizes another party to sell its products and services to third parties or end-users.
What should I look for in a reseller agreement?
The crucial terms the agreement should cover include:
- Provider and reseller rights and obligations.
- Intellectual property ownership.
- The type of agreement—exclusive or non-exclusive.
- Payment terms and renewals.
- Applicable laws.
- Software updates and maintenance.
- Performance requirements for exclusive agreements.
What is the difference between a reseller and distributor agreement?
A reseller is generally less closely associated with the manufacturer, and sometimes does not have a direct relationship with the manufacturer as it generally buys products from distributors. Resellers usually do not keep inventory of product or provide after-sale services.
What is the difference between a reseller and an agent?
A key distinction between the reselling and agency selling formats is who sets the retail prices — in agency selling the retail prices are decided by the manufacturer, whereas in reselling they are decided by the e-tailer,—and we focus on this distinction in this paper.
How do you write a reseller agreement?
Things to Include in a Reseller Agreement
- Agreement and effective dates.
- Names and relationships of parties.
- Appointment of reseller.
- Purchase orders.
- Accepting, modifying, rejecting, and canceling purchase orders.
- Provision of products and replacement or repair of defective ones.
- Delivery of products.
How do you negotiate a reseller contract?
Tips For Negotiating VAR/OEM Agreements
- Strive For Equality Between The Parties.
- Clarify The Marketing Responsibilities Of The Reseller.
- Include Sanctions For Evidence Of Counterfeit Goods.
- Avoid Agreements Spanning Multiple Years.
- Aim For Exclusivity When Warranted.
- Negotiate Agreements With Care.
Are resellers distributors?
From a legal perspective, there is no distinction between a distributor and a reseller. Any differences between the two are purely commercial in nature and are reflected in the drafting of the relevant agreement.
What is the difference between wholesale and reseller?
Wholesalers and resellers fulfill different roles in the chain of logistics that stretches from producer to consumer. A wholesaler buys goods from their creator and sells them to the reseller, who then turns around and sells the goods to the general public.
Is a reseller a broker?
In short, a broker is a person and a reseller is a company. Though both deal in the business of moving tickets from haves to have-nots, their roles in the process are remarkably different. While brokers might use a reseller to sell their tickets, they aren’t a reseller and vice versa.
Who is the reseller in a reseller agreement?
A reseller agreement can mean something different depending on who you ask. Typically, these are agreements where a vendor contracts with a reseller to allow them to sell the vendor’s product or services to a third-party. There is the potential for misunderstandings if the wrong terms are included in the agreement.
What is a master reseller?
Master Reseller is an individual/organization selling directly to Sub-distributors, customer End-Users, VARs, and/or Integrators .
What is a reseller agreement?
A reseller agreement (also known as a reseller contract or resale contract) is a type of agreement where a party authorizes another party to sell its products and services to third parties or end-users.
Can a software company enter into a contract with a reseller?
For instance, a software company can enter into a vendor contract with a reseller authorizing the reseller to sell its software products to end-users. Resellers agreements can be entered into in any industry so long as there are products and services to sell. In the software world, the reseller model is quite prevalent.
Who is responsible for the actions of the reseller?
If your contract is designed in such a way that the reseller is actually your agent, you’ll be responsible for the conduct and actions of the reseller with third parties.
Can a reseller be an independent contractor?
If the reseller is an independent contract (perhaps more often this is the case), then each business entity deals with one another as independent contractors. In that case, you must make sure that the risk and rewards are adequately allocated in the contract