A Reseller Agreement is essential when a business wants to expand its distribution network through third-party sellers while maintaining control over how its products are marketed and sold. This agreement type is commonly used across various industries and is particularly important in the United States, where it must comply with both federal and state-specific regulations. The Reseller Agreement defines the business relationship between parties, establishing clear guidelines for product distribution, pricing, territory rights, and brand representation. It protects both parties' interests while ensuring compliance with antitrust laws, franchise regulations, and consumer protection requirements. The document typically includes detailed provisions about product ordering, delivery, payment terms, warranty obligations, and intellectual property rights.
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1. Parties: Identifies the supplier/manufacturer and reseller with full legal names and addresses
2. Background: Sets out the context and purpose of the agreement, including nature of the business relationship
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes reseller's appointment, territory, and whether exclusive or non-exclusive
5. Products: Describes the products covered by the agreement
6. Pricing and Payment Terms: Details pricing structure, payment terms, and invoicing procedures
7. Ordering and Delivery: Procedures for placing orders and delivery terms
8. Intellectual Property Rights: Protection and usage of trademarks, logos, and other IP
9. Term and Termination: Duration of agreement and termination provisions
10. Governing Law: Specifies applicable law and jurisdiction
1. Minimum Purchase Requirements: Sets minimum order quantities or values for reseller to maintain their status
2. Marketing Requirements: Specifies marketing obligations and restrictions for promoting products
3. Training Requirements: Details staff training obligations and certification requirements
4. Non-Compete Provisions: Establishes restrictions on selling competing products during agreement term
5. Export Control: Sets out export restrictions and compliance requirements for international sales
1. Product List: Detailed list of products covered by the agreement including specifications
2. Price List: Current pricing structure and reseller discounts
3. Territory Map: Geographic definition of authorized sales territory
4. Service Level Agreement: Performance metrics and support requirements
5. Brand Guidelines: Rules for using supplier's trademarks and marketing materials
6. Returns Policy: Procedures for handling product returns and warranties
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