Reseller Agreement For Software Products for India

Reseller Agreement For Software Products Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions under which a software provider authorizes a reseller to market, distribute, and sell their software products. The agreement complies with Indian IT laws, including the Information Technology Act, 2000, and addresses key aspects such as licensing rights, territorial restrictions, pricing structures, intellectual property protection, and service level commitments. It incorporates specific provisions required under Indian contract law while establishing clear guidelines for the commercial relationship between the software provider and reseller.

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What is a Reseller Agreement For Software Products?

The Reseller Agreement For Software Products is a critical legal instrument used when a software company wishes to expand its distribution network through authorized resellers in the Indian market. This agreement type is essential for software companies looking to scale their sales operations while maintaining control over their product distribution. It comprehensively covers licensing terms, territorial rights, pricing structures, support obligations, and compliance with Indian regulations, including the IT Act 2000 and relevant software distribution laws. The document is particularly important in the Indian context where software distribution often requires local presence and understanding of regional market dynamics. It provides the necessary framework for both parties to operate within defined parameters while ensuring protection of intellectual property rights and maintaining service quality standards.

What sections should be included in a Reseller Agreement For Software Products?

1. Parties: Identification of the software provider and reseller with full legal details

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Appointment and Scope: Terms of reseller appointment and territorial scope of the agreement

5. License Grant: Specific rights granted to reseller for marketing and distributing the software

6. Obligations of the Reseller: Reseller's duties including marketing, sales targets, customer support, and reporting

7. Obligations of the Software Provider: Provider's responsibilities including product delivery, updates, and support to reseller

8. Financial Terms: Pricing, payment terms, commissions, and financial obligations

9. Intellectual Property Rights: Protection and usage of IP, trademarks, and copyrights

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and conditions for termination

12. Post-Termination Obligations: Rights and duties of parties after agreement ends

13. Warranties and Indemnities: Guarantees provided and protection against claims

14. Limitation of Liability: Limits on parties' legal and financial responsibilities

15. General Provisions: Standard legal clauses including notices, assignment, and governing law

What sections are optional to include in a Reseller Agreement For Software Products?

1. Minimum Purchase Requirements: Used when implementing specific sales quotas or minimum order quantities

2. Marketing and Promotion: Detailed marketing obligations when specific promotional activities are required

3. Training Requirements: When formal training programs for reseller's staff are needed

4. Service Level Agreement: For agreements requiring specific performance metrics and support levels

5. Data Protection: When personal data processing is involved in software operation

6. Source Code Escrow: For critical software where source code access might be needed

7. Non-Competition: When restrictions on selling competing products are needed

8. Insurance Requirements: When specific insurance coverage is required from the reseller

9. Localization Rights: When software needs to be adapted for local markets

10. Audit Rights: When provider needs right to audit reseller's compliance

What schedules should be included in a Reseller Agreement For Software Products?

1. Schedule A - Software Products: Detailed list and description of software products covered

2. Schedule B - Territory: Detailed definition of geographical territory and any exclusions

3. Schedule C - Pricing and Commission Structure: Detailed pricing, discount levels, and commission calculations

4. Schedule D - Service Level Requirements: Technical support and service level specifications

5. Schedule E - Marketing Guidelines: Branding requirements and marketing guidelines

6. Schedule F - Technical Requirements: Technical specifications and implementation requirements

7. Schedule G - Reporting Templates: Forms and formats for required periodic reports

8. Appendix 1 - End User License Agreement: Standard EULA for end customers

9. Appendix 2 - Support Procedures: Detailed support escalation procedures

10. Appendix 3 - Quality Control Standards: Quality assurance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Information Technology

Software Development

Technology Distribution

E-commerce

Digital Services

Enterprise Software

Cloud Computing

Software as a Service

Systems Integration

IT Consulting

Retail Technology

Relevant Teams

Legal

Sales

Business Development

Channel Partnership

Commercial Operations

Compliance

Partner Success

Technical Support

Product Management

Contract Administration

Distribution

Relevant Roles

Chief Technology Officer

Sales Director

Channel Manager

Legal Counsel

Business Development Manager

Software Licensing Manager

Partnership Manager

Commercial Director

Compliance Officer

Contract Manager

Partner Success Manager

Channel Sales Executive

Distribution Manager

Regional Sales Manager

Legal Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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