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Software License Reseller Agreement
"I need a Software License Reseller Agreement for my South African cybersecurity software company to appoint an enterprise reseller with exclusive rights in Gauteng province, including special provisions for technical training requirements and minimum quarterly sales targets effective from March 2025."
1. Parties: Identification of the Licensor and Reseller, including registration details and addresses
2. Background: Context of the agreement, including brief description of the software and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Terms of reseller appointment and defined territory for operations
5. License Grant: Scope of license rights granted to reseller for distribution
6. Reseller Obligations: Core responsibilities of the reseller including marketing, support, and reporting
7. Licensor Obligations: Core responsibilities of the licensor including support and updates
8. Financial Terms: Pricing, payment terms, and commission structure
9. Intellectual Property Rights: Protection and ownership of IP rights
10. Confidentiality: Protection of confidential information
11. Data Protection: POPIA compliance and data handling requirements
12. Term and Termination: Duration and termination provisions
13. Post-Termination: Rights and obligations after agreement ends
14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Marketing and Promotion: Detailed marketing requirements and commitments - include when specific marketing obligations are required
2. Training Requirements: Specific training obligations for reseller staff - include when technical training is crucial
3. Service Level Agreement: Detailed service levels - include when specific performance metrics are required
4. Audit Rights: Detailed audit provisions - include for high-value or high-risk relationships
5. White Labeling Rights: Terms for rebranding - include if white labeling is permitted
6. Export Control: Export restriction clauses - include for international distribution
7. Source Code Escrow: Source code protection provisions - include for enterprise-level agreements
8. Professional Services: Additional service provisions - include if reseller provides implementation services
1. Schedule 1 - Licensed Software: Detailed description of software products covered by agreement
2. Schedule 2 - Territory Definition: Detailed description of authorized 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 - Minimum Performance Requirements: Sales targets and performance metrics
6. Schedule 6 - Technical Requirements: Technical specifications and requirements for reseller
7. Appendix A - Trademark Usage Guidelines: Rules for using licensor's trademarks and branding
8. Appendix B - End User License Agreement: Standard EULA to be used with end customers
Authors
Affiliate
Authorized Territory
Business Day
Confidential Information
Competition Laws
Documentation
Effective Date
End User
End User License Agreement (EULA)
Intellectual Property Rights
Licensed Software
License Fee
License Term
Maintenance Services
Minimum Performance Requirements
Net Sales
Personal Information
Processing
Resale Price
Reseller
Reseller Margin
Service Level Agreement
Software Updates
Software Upgrades
Source Code
Specifications
Sub-distributor
Support Services
Technical Requirements
Term
Territory
Third Party Software
Trademark
User Data
VAT
White Label Rights
Territory
License Grant
Distribution Rights
Resale Rights
Commission
Payment Terms
Performance Requirements
Training
Support Services
Marketing
Intellectual Property
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term and Termination
Non-Competition
Non-Solicitation
Audit Rights
Compliance
Force Majeure
Assignment
Sub-Contracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Relationship of Parties
Export Control
Anti-Corruption
Insurance
Records Maintenance
VAT and Taxation
Brand Usage
Service Levels
Information Technology
Software Development
Technology Distribution
Cloud Services
Enterprise Software
Software as a Service (SaaS)
Value-Added Resellers
System Integration
Telecommunications
Digital Services
Legal
Sales
Channel Management
Business Development
Compliance
Commercial Operations
Partner Relations
Software Licensing
Contract Administration
Strategic Partnerships
Chief Technology Officer
Commercial Director
Sales Director
Channel Manager
Partner Manager
Legal Counsel
Compliance Officer
Software Licensing Manager
Business Development Manager
Distribution Manager
Contract Manager
Partner Account Executive
Channel Sales Manager
Software Asset Manager
Strategic Alliance Manager
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