This Software Reseller Agreement is essential for businesses seeking to establish authorized distribution channels for software products in Malaysia. The document is designed to comply with Malaysian legal requirements while protecting both the software owner's intellectual property rights and the reseller's commercial interests. It's particularly relevant in today's digital economy where software distribution often involves multiple parties and channels. The agreement covers crucial aspects such as licensing terms, territory restrictions, pricing models, support obligations, and compliance with local regulations including data protection and consumer laws. It's structured to provide clarity on roles and responsibilities while maintaining flexibility for different business models within the Malaysian market context.
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1. Parties: Identification of the software owner/publisher and the reseller, including full legal names and registered addresses
2. Background: Context of the agreement, brief description of the software and purpose of the reseller arrangement
3. Definitions: Defined terms used throughout the agreement, including technical and commercial terms
4. Appointment and Territory: Scope of reseller appointment, whether exclusive or non-exclusive, and defined territory
5. License Grant: Rights granted to reseller for marketing, distributing, and selling the software
6. Reseller Obligations: Core responsibilities including marketing, sales targets, customer support, and reporting requirements
7. Software Owner Obligations: Support, training, and materials to be provided by the software owner
8. Ordering and Delivery: Process for placing orders, delivery mechanisms, and acceptance procedures
9. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
10. Intellectual Property Rights: Protection of IP rights, permitted use of trademarks, and licensing terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Malaysian Personal Data Protection Act and data handling requirements
13. Warranties and Indemnities: Warranties provided by both parties and related indemnification obligations
14. Term and Termination: Duration of agreement, renewal terms, and termination rights
15. Post-Termination: Obligations and rights of parties after agreement termination
16. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Marketing Requirements: Detailed marketing obligations and requirements, used when specific marketing commitments are needed
2. Performance Targets: Specific sales targets and consequences of missing them, used for performance-based arrangements
3. Training Requirements: Detailed training obligations for reseller staff, used when complex products require specific expertise
4. Technical Support Level: Specific support level requirements, used when reseller provides technical support
5. White Labeling Rights: Rights to rebrand software, used in white label arrangements
6. Source Code Escrow: Source code escrow arrangements, used for critical software implementations
7. Insurance Requirements: Specific insurance coverage requirements, used for high-value or high-risk arrangements
8. Compliance with US Export Controls: US export control compliance requirements, used when software originates from US
9. Sub-reseller Rights: Rights to appoint sub-resellers, used in multi-tier distribution models
1. Schedule 1 - Software Description: Detailed description of software products, versions, and specifications
2. Schedule 2 - Territory Definition: Detailed description of geographic or market territory
3. Schedule 3 - Price List: Current pricing structure, discounts, and commission rates
4. Schedule 4 - Service Level Agreement: Support and maintenance service levels and response times
5. Schedule 5 - Marketing Guidelines: Brand guidelines and marketing requirements
6. Schedule 6 - Technical Requirements: Technical specifications and implementation requirements
7. Schedule 7 - Report Templates: Templates for required periodic reports
8. Appendix A - End User License Agreement: Standard EULA to be used with end customers
9. Appendix B - Support Procedures: Detailed support and escalation procedures
Relevant legal definitions
Agreement
Authorized Personnel
Business Day
Commencement Date
Confidential Information
Customer Data
Documentation
End User
End User License Agreement
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Material Breach
Minimum Purchase Commitment
Net Revenue
Personal Data
Price List
Product Updates
Resale Price
Reseller Portal
Revenue Share
Service Level Agreement
Software
Software Owner
Support Services
Technical Requirements
Territory
Third Party Software
Trade Marks
Training Materials
Updates
User Subscription
Version Release
Authorized Personnel
Business Day
Commencement Date
Confidential Information
Customer Data
Documentation
End User
End User License Agreement
Intellectual Property Rights
License Fee
Licensed Software
Maintenance Services
Material Breach
Minimum Purchase Commitment
Net Revenue
Personal Data
Price List
Product Updates
Resale Price
Reseller Portal
Revenue Share
Service Level Agreement
Software
Software Owner
Support Services
Technical Requirements
Territory
Third Party Software
Trade Marks
Training Materials
Updates
User Subscription
Version Release
Clauses
Appointment
Territory Rights
License Grant
Intellectual Property
Confidentiality
Data Protection
Payment Terms
Performance Requirements
Marketing Obligations
Support Services
Training
Warranties
Indemnification
Limitation of Liability
Term and Termination
Non-Competition
Audit Rights
Reporting Requirements
Customer Support
Quality Control
Compliance
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Amendments
Notices
Severability
Relationship of Parties
Territory Rights
License Grant
Intellectual Property
Confidentiality
Data Protection
Payment Terms
Performance Requirements
Marketing Obligations
Support Services
Training
Warranties
Indemnification
Limitation of Liability
Term and Termination
Non-Competition
Audit Rights
Reporting Requirements
Customer Support
Quality Control
Compliance
Force Majeure
Assignment
Governing Law
Dispute Resolution
Entire Agreement
Amendments
Notices
Severability
Relationship of Parties
Relevant Industries
Information Technology
Software Development
E-commerce
Digital Services
Technology Distribution
Cloud Services
Enterprise Software
Retail Technology
Telecommunications
Financial Technology
Healthcare Technology
Educational Technology
Relevant Teams
Legal
Sales
Business Development
Channel Management
Operations
Compliance
Product Management
Partner Relations
Commercial
Distribution
Technical Support
Contract Administration
Relevant Roles
Chief Technology Officer
Sales Director
Channel Manager
Legal Counsel
Commercial Director
Business Development Manager
Partner Relations Manager
Software Licensing Manager
Compliance Officer
Operations Manager
Product Manager
Distribution Manager
Regional Sales Manager
Contract Administrator
Partner Account Manager
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