Software Reseller Agreement for Malta

Software Reseller Agreement Template for Malta

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Software Reseller Agreement

"I need a Software Reseller Agreement for my cybersecurity software company based in Malta, appointing an exclusive reseller for the Scandinavian market with minimum annual sales targets and requirements for technical certification of reseller's staff."

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What is a Software Reseller Agreement?

The Software Reseller Agreement is essential for businesses looking to expand their software distribution channels in Malta and potentially across the EU. This document is typically used when a software company wants to authorize third parties to resell their software products while maintaining control over their intellectual property and brand reputation. The agreement must comply with Maltese commercial law and EU regulations, particularly regarding data protection (GDPR), electronic commerce, and software licensing. It includes detailed provisions on pricing, territory rights, performance metrics, support obligations, and end-user terms. This type of agreement is crucial for software companies expanding their market reach through indirect sales channels while ensuring legal compliance in the Maltese jurisdiction.

What sections should be included in a Software Reseller Agreement?

1. Parties: Identification of the software owner/supplier and the appointed reseller

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

3. Definitions: Defined terms including Software, Territory, Intellectual Property Rights, End Users, License Terms

4. Appointment and Territory: Scope of reseller appointment (exclusive/non-exclusive) and defined territory

5. License Grant: Terms of license granted to reseller, including rights to market, distribute and sublicense

6. Obligations of Software Owner: Support, updates, training, and other obligations of the software owner

7. Obligations of Reseller: Marketing, sales targets, reporting, and other reseller duties

8. Pricing and Payment Terms: Pricing structure, payment terms, currency, and invoicing procedures

9. Intellectual Property Rights: Protection of IP rights, ownership, and permitted usage

10. Data Protection and Privacy: GDPR compliance and data handling requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration, renewal, and termination provisions

13. Post-Termination: Rights and obligations after agreement ends

14. General Provisions: Standard clauses including notices, assignment, force majeure, and governing law

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

1. Marketing and Promotion: Detailed marketing requirements and branding guidelines - include if reseller has specific marketing obligations

2. Service Level Agreement: Specific performance metrics and support levels - include if providing technical support is part of the arrangement

3. Training Requirements: Training obligations and certification requirements - include if reseller staff need specific training

4. Competition Restrictions: Non-compete and exclusivity provisions - include if there are territorial or product restrictions

5. Insurance Requirements: Specific insurance coverage requirements - include if dealing with high-value software or critical systems

6. Source Code Escrow: Source code escrow arrangements - include if reseller requires access to source code under certain conditions

7. Professional Services: Additional services beyond reselling - include if reseller will provide implementation or customization services

What schedules should be included in a Software Reseller Agreement?

1. Schedule 1 - Software Description: Detailed description of software products covered by the agreement

2. Schedule 2 - License Terms: Standard end-user license agreement terms

3. Schedule 3 - Pricing Schedule: Detailed pricing structure, discounts, and commission rates

4. Schedule 4 - Service Level Agreement: Technical support and maintenance service levels

5. Schedule 5 - Territory Definition: Detailed description of authorized sales territory

6. Schedule 6 - Sales Targets: Minimum performance requirements and sales targets

7. Schedule 7 - Marketing Guidelines: Branding and marketing requirements

8. Appendix A - Technical Requirements: Minimum technical specifications and requirements

9. Appendix B - Reporting Templates: Standard forms for sales reporting and forecasting

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Technology Distribution

Cloud Services

E-commerce

Digital Services

Systems Integration

IT Consulting

Telecommunications

Financial Technology

Enterprise Software

Retail Technology

Relevant Teams

Legal

Sales

Business Development

Partner Relations

Commercial Operations

Compliance

Software Distribution

Channel Management

Revenue Operations

Contract Administration

Technical Support

Partner Success

Relevant Roles

Chief Technology Officer

Head of Software Sales

Legal Counsel

Commercial Director

Channel Sales Manager

Partnership Manager

Business Development Director

Software Licensing Manager

Distribution Manager

Compliance Officer

Sales Operations Manager

Technical Account Manager

Partner Success Manager

Chief Revenue Officer

Contract Administrator

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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