Exclusive Reseller Agreement for New Zealand

Exclusive Reseller Agreement Template for New Zealand

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Exclusive Reseller Agreement

"I need an Exclusive Reseller Agreement for my New Zealand-based software company to appoint a distributor in Auckland who will have exclusive rights to resell our enterprise security software throughout the North Island, with the agreement to commence on March 1, 2025."

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What is a Exclusive Reseller Agreement?

The Exclusive Reseller Agreement is a critical commercial contract used when a supplier wishes to grant exclusive distribution rights to a single reseller within a specified territory in New Zealand. This document is essential for businesses looking to establish controlled distribution channels while maintaining brand consistency and market presence. It comprehensively addresses key aspects such as exclusivity terms, performance criteria, territory definitions, and compliance with New Zealand competition laws. The agreement is particularly important in situations where suppliers need to ensure proper market representation while maintaining control over how their products are sold and distributed. It includes specific provisions required under New Zealand law, including compliance with the Commerce Act 1986 and Fair Trading Act 1986, making it suitable for both domestic and international companies operating in the New Zealand market.

What sections should be included in a Exclusive Reseller Agreement?

1. Parties: Identification of the supplier/manufacturer and the exclusive reseller, including full legal names and registered addresses

2. Background: Context of the agreement, brief description of the business relationship, and purpose of the arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Territory: Grant of exclusive reseller rights and definition of the geographic territory

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Reseller Obligations: Core responsibilities of the reseller, including sales targets, marketing requirements, and customer service standards

7. Supplier Obligations: Core responsibilities of the supplier, including product supply, support, and training

8. Ordering and Delivery: Process for placing orders, delivery terms, and logistics arrangements

9. Prices and Payment: Pricing structure, payment terms, and invoicing procedures

10. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds for termination and consequences

13. Post-Termination: Obligations and rights after agreement ends

14. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

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

1. Minimum Purchase Requirements: Include when specific purchase quotas are required to maintain exclusivity

2. Training and Support: Include when extensive product training or technical support is required

3. Marketing and Promotion: Include when specific marketing obligations or cooperative advertising are required

4. Quality Control: Include for products requiring specific storage, handling, or quality maintenance

5. Sub-Resellers: Include if the reseller is permitted to appoint sub-resellers

6. Insurance Requirements: Include when specific insurance coverage is required

7. Data Protection: Include when personal data processing is involved

8. Import/Export Compliance: Include for international distribution arrangements

9. Non-Competition: Include when restricting reseller's involvement with competing products

What schedules should be included in a Exclusive Reseller Agreement?

1. Product Schedule: List of products covered by the agreement, including specifications and prices

2. Territory Map: Detailed map or description of the exclusive territory

3. Performance Targets: Detailed sales targets and performance metrics

4. Price List: Detailed pricing structure and discount schedules

5. Service Level Agreement: Detailed service standards and support requirements

6. Trademark Usage Guidelines: Guidelines for using supplier's trademarks and branding

7. Technical Requirements: Technical specifications for product handling and storage

8. Reporting Templates: Standard forms for regular performance reporting

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology and Software

Consumer Goods

Industrial Equipment

Pharmaceuticals

Automotive

Electronics

Fashion and Luxury Goods

Food and Beverage

Medical Devices

Telecommunications

Construction Materials

Sporting Goods

Relevant Teams

Legal

Sales

Commercial

Operations

Supply Chain

Finance

Compliance

Business Development

Distribution

Partner Relations

Product Management

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Channel Manager

Legal Counsel

Contracts Manager

Operations Director

Supply Chain Manager

Chief Financial Officer

Distribution Manager

Compliance Officer

Sales Operations Manager

Territory Manager

Partner Relations Manager

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