The Reseller Agreement For Software Products is a critical legal instrument used to establish and govern the commercial relationship between software vendors and their authorized resellers in the Netherlands. This agreement is essential when a software company wants to expand its distribution network through third-party resellers while maintaining control over how its products are marketed and sold. The document, governed by Dutch law and compliant with EU regulations, covers comprehensive aspects including licensing rights, territorial restrictions, pricing structures, support obligations, and compliance requirements. It's particularly important in the Dutch market where specific commercial laws and EU directives (including GDPR, competition law, and consumer protection) must be carefully considered. The agreement serves as the foundation for successful vendor-reseller relationships while protecting both parties' interests and ensuring regulatory compliance.
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1. Parties: Identification and details of the software vendor and reseller
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of reseller appointment, territory, and exclusivity status
5. License Grant: Scope of rights granted to reseller for distributing the software
6. Obligations of the Vendor: Vendor's responsibilities including software delivery, updates, and support
7. Obligations of the Reseller: Reseller's responsibilities including marketing, sales, and customer support
8. Financial Terms: Pricing, payment terms, commissions, and related financial arrangements
9. Intellectual Property Rights: Protection and ownership of IP rights, usage of trademarks
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Minimum Purchase Requirements: Include when there are specific sales targets or minimum order quantities
2. Training and Certification: Include when reseller staff must complete specific training programs
3. Marketing and Promotion: Include detailed marketing requirements and co-branding provisions
4. Service Level Agreement: Include when specific support levels are required from the reseller
5. Insurance Requirements: Include when specific insurance coverage is required
6. Source Code Escrow: Include when source code escrow arrangements are necessary
7. Export Control: Include for international distribution arrangements
8. White Labeling Rights: Include when reseller has rights to rebrand the software
1. Schedule 1 - Software Products: Detailed list and description of software products covered
2. Schedule 2 - Territory: Detailed description of authorized sales territory
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing models and commission calculations
4. Schedule 4 - Service Level Requirements: Technical support and service level specifications
5. Schedule 5 - Technical Requirements: Technical specifications and implementation requirements
6. Appendix A - Trademark Usage Guidelines: Guidelines for using vendor's trademarks and branding
7. Appendix B - Report Templates: Templates for required sales and performance reporting
8. Appendix C - End User License Agreement: Standard EULA to be used with end customers
Relevant legal definitions
Agreement
Authorized Territory
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User License Agreement (EULA)
Force Majeure
Intellectual Property Rights
License Fee
License Term
Maintenance Services
Materials
Net Sales
Personal Data
Products
Professional Services
Purchase Order
Resale Price
Reseller Margin
Revenue Share
Software
Software Updates
Source Code
Specifications
Sub-distributor
Support Services
Technical Requirements
Term
Third Party Software
Trademarks
Updates
Upgrades
User Documentation
Value Added Services
Vendor Materials
Working Hours
Authorized Territory
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User License Agreement (EULA)
Force Majeure
Intellectual Property Rights
License Fee
License Term
Maintenance Services
Materials
Net Sales
Personal Data
Products
Professional Services
Purchase Order
Resale Price
Reseller Margin
Revenue Share
Software
Software Updates
Source Code
Specifications
Sub-distributor
Support Services
Technical Requirements
Term
Third Party Software
Trademarks
Updates
Upgrades
User Documentation
Value Added Services
Vendor Materials
Working Hours
Clauses
Appointment
Territory Rights
License Grant
Distribution Rights
Intellectual Property
Software Supply
Pricing and Payment
Commission Structure
Performance Requirements
Marketing and Promotion
Training and Support
Service Levels
Quality Control
Reporting Requirements
Audit Rights
Confidentiality
Data Protection
Warranties
Liability Limitation
Indemnification
Force Majeure
Term and Termination
Post-Termination
Non-Competition
Non-Solicitation
Assignment
Subcontracting
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Insurance
Compliance with Laws
Export Control
Territory Rights
License Grant
Distribution Rights
Intellectual Property
Software Supply
Pricing and Payment
Commission Structure
Performance Requirements
Marketing and Promotion
Training and Support
Service Levels
Quality Control
Reporting Requirements
Audit Rights
Confidentiality
Data Protection
Warranties
Liability Limitation
Indemnification
Force Majeure
Term and Termination
Post-Termination
Non-Competition
Non-Solicitation
Assignment
Subcontracting
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Insurance
Compliance with Laws
Export Control
Relevant Industries
Information Technology
Software Development
Enterprise Software
Cloud Computing
Digital Services
E-commerce
Telecommunications
System Integration
Technology Consulting
Value-Added Reselling
Relevant Teams
Legal
Sales
Commercial
Business Development
Partner Management
Compliance
Operations
Channel Distribution
Product Management
Finance
Technical Support
Relevant Roles
Chief Executive Officer
Commercial Director
Sales Director
Channel Manager
Partner Manager
Legal Counsel
Contracts Manager
Business Development Manager
Software Licensing Manager
Compliance Officer
Sales Operations Manager
Partner Account Executive
Chief Technology Officer
Chief Commercial Officer
Distribution Manager
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