The Reseller Agreement is a vital commercial contract used when a business wishes to expand its distribution network by appointing third-party resellers to market and sell its products. This document is particularly relevant in the Maltese business context, where many international companies establish distribution networks for both local and Mediterranean markets. The agreement comprehensively addresses key commercial aspects including appointment terms, territory definitions, pricing structures, minimum purchase requirements, and performance obligations. It ensures compliance with Maltese commercial law, competition regulations, and EU directives applicable in Malta. The document is especially important for businesses looking to establish structured distribution channels while maintaining control over their brand and product representation in the market.
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1. Parties: Identification and details of the supplier and reseller entities
2. Background: Context of the agreement and brief description of the parties' businesses
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined geographic territory for operations
5. Term and Termination: Duration of the agreement and conditions for termination
6. Reseller Rights and Obligations: Core responsibilities and rights of the reseller
7. Supplier Rights and Obligations: Core responsibilities and rights of the supplier
8. Ordering Process: Procedures for placing and fulfilling orders
9. Prices and Payment Terms: Pricing structure, payment conditions, and related financial terms
10. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP
11. Confidentiality: Protection of confidential information exchanged between parties
12. Warranties and Indemnities: Product warranties and mutual indemnification provisions
13. Marketing and Promotion: Requirements and guidelines for marketing the products
14. Reporting Requirements: Regular reporting obligations of the reseller
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Exclusivity Provisions: Used when granting exclusive rights in specific territories or markets
2. White Labeling Terms: Include when reseller is permitted to rebrand products under their own name
3. Minimum Purchase Requirements: Used when implementing minimum order quantities or revenue targets
4. Training and Support: Detailed when specific training or technical support is provided
5. Insurance Requirements: Include when specific insurance coverage is required from the reseller
6. Data Protection: Detailed GDPR compliance terms when personal data processing is involved
7. Non-Compete Clauses: Used when restricting reseller's ability to sell competing products
8. Service Level Agreement: Include when specific performance metrics and support levels are required
1. Schedule A - Product List: Detailed list of products approved for resale
2. Schedule B - Price List: Current pricing structure and reseller discounts
3. Schedule C - Territory Definition: Detailed description of authorized sales territory
4. Schedule D - Marketing Guidelines: Specific requirements for marketing and brand usage
5. Schedule E - Service Level Requirements: Detailed performance metrics and support requirements
6. Schedule F - Technical Specifications: Product technical details and requirements
7. Appendix 1 - Reporting Templates: Standard forms for required periodic reporting
8. Appendix 2 - Order Forms: Standard forms for placing product orders
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