The Non-Exclusive Reseller Agreement is essential for businesses looking to expand their distribution network in India while maintaining flexibility in their sales strategy. This document is typically used when a supplier wishes to appoint multiple resellers in the same territory without granting exclusivity to any single party. The agreement must comply with Indian legal requirements, including the Indian Contract Act 1872, Competition Act 2002, and relevant commercial regulations. It details the relationship framework, including product ordering, pricing, territory restrictions, marketing requirements, and quality control measures. The non-exclusive nature allows suppliers to maintain multiple distribution channels while providing resellers with the necessary rights and protections to operate effectively in the market.
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1. Parties: Identifies and provides full legal details of both the supplier and reseller
2. Background: Describes the context of the agreement, including the supplier's business, products, and desire to appoint resellers
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the non-exclusive appointment of the reseller and defines the territory
5. Rights and Obligations of the Reseller: Details the reseller's primary responsibilities, including sales targets, marketing, and customer service
6. Rights and Obligations of the Supplier: Outlines the supplier's commitments regarding product supply, support, and training
7. Ordering and Delivery: Specifies the process for ordering products, delivery terms, and logistics
8. Prices and Payment: Details the pricing structure, payment terms, and invoicing process
9. Intellectual Property: Covers trademark usage, brand guidelines, and IP protection
10. Confidentiality: Protects confidential information exchanged between parties
11. Term and Termination: Specifies the agreement duration and grounds for termination
12. Post-Termination: Outlines obligations and rights after agreement termination
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and dispute resolution
1. Minimum Purchase Requirements: Sets minimum order quantities or value - include when supplier wants to ensure minimum sales volumes
2. Marketing and Promotion: Detailed marketing requirements and cost-sharing - include for premium products or when specific marketing efforts are required
3. Technical Support: Defines technical support obligations - include for technical or complex products
4. Training Requirements: Specifies mandatory training programs - include for technical products or when specific expertise is needed
5. Sub-Resellers: Rules for appointing sub-resellers - include if sub-reselling is permitted
6. Insurance: Specific insurance requirements - include for high-value products or when significant risks are involved
7. Data Protection: Detailed data protection obligations - include when personal data processing is involved
8. Non-Compete: Restrictions on competing activities - include when protecting market share is crucial
1. Schedule 1 - Products: Detailed list of products covered under the agreement with specifications
2. Schedule 2 - Territory: Detailed description of authorized sales territory with any exclusions
3. Schedule 3 - Prices and Discount Structure: Complete price list and applicable discount schemes
4. Schedule 4 - Service Level Requirements: Detailed service standards and performance metrics
5. Schedule 5 - Technical Requirements: Technical specifications and compliance requirements
6. Schedule 6 - Trademark Usage Guidelines: Detailed guidelines for using supplier's trademarks and branding
7. Appendix A - Order Form Template: Standard form for placing product orders
8. Appendix B - Reporting Templates: Standard templates for regular sales and inventory reports
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