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Master Reseller Agreement
"I need a Master Reseller Agreement under South African law for my software company to appoint exclusive regional resellers in Western Cape, with strong IP protection clauses and minimum sales requirements."
1. Parties: Identification and details of the supplier (principal) and reseller, including registration numbers and addresses
2. Background: Context of the agreement, brief description of the business relationship and purpose
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined geographic territory for operations
5. Rights and Obligations: Detailed rights and responsibilities of both parties
6. Products and Pricing: Description of products/services covered and pricing structure
7. Order Process: Procedures for placing and fulfilling orders
8. Payment Terms: Payment conditions, currency, and timing
9. Intellectual Property: Protection and usage rights of trademarks, patents, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: POPIA compliance and data handling requirements
12. Term and Termination: Duration of agreement and termination conditions
13. Post-Termination: Obligations and rights after agreement termination
14. Warranties and Indemnities: Guarantees, warranties, and indemnification provisions
15. General/Boilerplate: Standard legal provisions including notices, governing law, etc.
1. Marketing and Promotion: Requirements for marketing activities and brand promotion. Include when reseller is expected to actively market products
2. Training Requirements: Staff training obligations and support. Include for technical or complex products
3. Performance Targets: Minimum sales targets and performance metrics. Include when specific performance levels are required
4. Sub-Resellers: Rights and conditions for appointing sub-resellers. Include if sub-reselling is permitted
5. Insurance: Required insurance coverage. Include for high-value or high-risk products
6. Import/Export: International trade compliance. Include for cross-border reselling
7. Service Level Agreement: Support and service standards. Include for technical products or services
8. Competition Restrictions: Non-compete and exclusivity provisions. Include when territorial or product exclusivity is granted
1. Product Schedule: Detailed list of authorized products/services with specifications
2. Price List: Comprehensive pricing structure, discounts, and margin arrangements
3. Territory Map: Detailed description or map of authorized sales territory
4. Service Level Requirements: Detailed service standards and response times
5. Marketing Guidelines: Brand usage rules and marketing requirements
6. Performance Metrics: Detailed KPIs and measurement criteria
7. Technical Requirements: Technical specifications and compliance requirements
8. Return Policy: Procedures for handling returns and warranties
Authors
Applicable Laws
Authorized Products
Business Day
Commencement Date
Confidential Information
Consumer Protection Act
Customers
Delivery Point
Effective Date
Force Majeure Event
Initial Term
Intellectual Property Rights
Licensed Marks
Minimum Purchase Requirements
Order
Parties
Personal Information
POPIA
Price List
Principal
Products
Purchase Price
Renewal Term
Reseller
Reseller Margin
Service Levels
Specifications
Sub-reseller
Supplier
Term
Territory
Trade Marks
VAT
Working Hours
Territory Rights
Exclusivity
Ordering and Delivery
Pricing and Payment
Product Requirements
Marketing and Promotion
Intellectual Property
Confidentiality
Data Protection
Performance Obligations
Training and Support
Warranties
Indemnification
Insurance
Term and Duration
Termination
Post-Termination Obligations
Force Majeure
Anti-Competition
Compliance with Laws
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Variation
Waiver
Force Majeure
Relationship of Parties
Technology
Manufacturing
Consumer Goods
Automotive
Electronics
Software
Healthcare Products
Industrial Equipment
Telecommunications
Construction Materials
Food and Beverage
Agricultural Products
Legal
Sales
Commercial
Procurement
Compliance
Operations
Business Development
Channel Management
Distribution
Chief Commercial Officer
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Commercial Manager
Procurement Manager
Distribution Manager
Compliance Officer
Contract Manager
Chief Operating Officer
Sales Operations Manager
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