The Software License Reseller Agreement is essential for software companies expanding their distribution networks in India. This document is specifically designed to comply with Indian legal requirements, including the Information Technology Act 2000, Copyright Act 1957, and relevant commercial laws. It's typically used when a software owner wants to authorize third parties to resell their software products while maintaining control over distribution and brand integrity. The agreement covers crucial aspects such as territory rights, pricing structures, service level commitments, and intellectual property protections. It's particularly important in the Indian context where software distribution often relies heavily on local reseller networks and must navigate specific regulatory requirements for IT services and digital transactions.
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1. Parties: Identification of the software owner/licensor and the reseller, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the software and purpose of the reseller arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Formal appointment of reseller and definition of authorized territory
5. License Grant: Scope of rights granted to reseller for marketing and distributing the software
6. Reseller Obligations: Core responsibilities of the reseller including marketing, sales targets, and customer support
7. Licensor Obligations: Software owner's commitments including product updates, support, and training
8. Financial Terms: Pricing, payment terms, commissions, and related financial arrangements
9. Intellectual Property Rights: Protection and ownership of IP rights, including trademarks and marketing materials
10. Confidentiality: Protection of confidential information exchanged between parties
11. Term and Termination: Duration of agreement and circumstances for termination
12. Post-Termination: Rights and obligations of parties after agreement ends
13. General Provisions: Standard legal clauses including notices, assignment, and governing law
1. Minimum Purchase Requirements: Used when implementing minimum purchase quotas or sales targets
2. Marketing Requirements: Specific marketing obligations and standards, used for agreements requiring structured marketing efforts
3. Training and Certification: Required when reseller must maintain certain certification levels or complete specific training
4. Service Level Requirements: Used when reseller must provide specific levels of customer support
5. Data Protection: Detailed data protection terms, required when handling personal data
6. Non-Competition: Restrictions on selling competing products, used in exclusive relationships
7. Insurance Requirements: Specific insurance coverage requirements for reseller
8. Audit Rights: Right to audit reseller's compliance, used in larger commercial relationships
9. Source Code Escrow: Terms for source code protection, used in critical business relationships
1. Schedule A - Licensed Software: Detailed description of software products covered by the agreement
2. Schedule B - Territory: Detailed definition of geographic or market territory
3. Schedule C - Pricing and Commission Structure: Detailed pricing models and commission calculations
4. Schedule D - Service Level Requirements: Specific support and service level metrics
5. Schedule E - Marketing Guidelines: Brand guidelines and marketing requirements
6. Schedule F - Technical Requirements: Technical specifications and requirements for reselling
7. Appendix 1 - Reporting Templates: Standard forms for sales and performance reporting
8. Appendix 2 - Training Requirements: Details of required training and certification programs
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Software License Reseller Agreement
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