Value Added Reseller Agreement Generator for Australia

A Value Added Reseller Agreement lets businesses legally resell products or services with their own added improvements or features. It's commonly used by tech companies and software distributors across Australia who enhance existing products with extra services, customization, or support before selling them to end customers.

Under Australian Consumer Law, these agreements spell out critical details like territory rights, pricing structures, and intellectual property protections. They also define how resellers can modify and market the original product, what support they must provide, and their obligations to both the original manufacturer and end users. Most importantly, they protect both parties by clearly outlining liability and compliance requirements.

A Value Added Reseller Agreement becomes essential when you're planning to enhance and resell another company's products or services. This typically happens when you add features to software, bundle products with additional services, or customize solutions for specific industries in the Australian market.

Use this agreement before starting any value-added distribution activities. It's particularly important for tech companies adding proprietary features to existing platforms, consultancies packaging third-party solutions, and businesses providing industry-specific versions of general products. The agreement protects your right to modify and resell while clearly defining your obligations under Australian Consumer Law.

• Standard Distribution Agreement: Sets basic terms for reselling products with minimal customization, focusing on pricing, territory rights, and support obligations
• Full-Service VAR Agreement: Covers extensive product modifications, training services, and comprehensive support requirements
• Software VAR Agreement: Specifically addresses software licensing, customization rights, and technical support obligations
• Industry-Specific VAR: Tailored for sectors like healthcare or finance, including compliance requirements and sector-specific modifications
• Master VAR Agreement: Comprehensive framework allowing multiple sub-reseller relationships and complex distribution networks

• Original Manufacturers: Companies that create the base products and need to control how their offerings are enhanced and redistributed in Australia
• Value-Added Resellers: Businesses that customize, enhance, or bundle products with additional services before reselling
• Corporate Lawyers: Draft and review agreements to ensure compliance with Australian Consumer Law and protect both parties' interests
• Sales Directors: Negotiate terms, territories, and pricing structures within the agreement's framework
• Technical Teams: Implement modifications and provide support services outlined in the agreement

• Product Details: List all products or services to be resold, including specifications and permitted modifications
• Territory Rights: Define exact geographical areas and market segments for distribution in Australia
• Value-Add Scope: Document specific enhancements, customizations, or additional services you'll provide
• Pricing Structure: Outline wholesale costs, markup limitations, and any volume-based discounts
• Support Requirements: Detail technical support obligations, training commitments, and service levels
• IP Protection: Clarify intellectual property rights for both original and enhanced products

• Parties & Scope: Clear identification of all parties and detailed description of products/services covered
• Value-Add Rights: Specific permissions for product modification and enhancement activities
• Territory & Duration: Defined geographical boundaries and agreement term length
• Pricing Terms: Detailed cost structures, payment terms, and commission arrangements
• IP Protection: Rights and restrictions regarding intellectual property usage
• Support Obligations: Clear outline of technical support and service requirements
• Compliance Clauses: References to Australian Consumer Law and industry regulations
• Termination Terms: Conditions for ending the agreement and post-termination obligations

A Value Added Reseller Agreement differs significantly from a Contract Manufacturing Agreement in several key aspects, though both involve business-to-business relationships in product development and distribution.

• Product Control: VARs enhance existing products while maintaining their core identity; contract manufacturers create products from scratch to specifications
• Intellectual Property: VARs typically license IP rights for modifications; contract manufacturers usually assign all IP to the hiring company
• Market Access: VARs have direct customer relationships and control their pricing; contract manufacturers rarely interact with end users
• Value Addition: VARs focus on customization and service enhancement; contract manufacturers focus on production efficiency and quality control
• Legal Obligations: VARs must comply with Australian Consumer Law for retail sales; contract manufacturers primarily deal with manufacturing standards and quality assurance