Software License Reseller Agreement Template for South Africa

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Key Requirements PROMPT example:

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."

Document background
The Software License Reseller Agreement is essential for software companies looking to expand their market reach through indirect sales channels in South Africa. This document is typically used when a software company wants to authorize third parties to resell their software products while maintaining control over distribution and protecting their intellectual property rights. The agreement must comply with South African legislation, including the Electronic Communications and Transactions Act, Protection of Personal Information Act, and Consumer Protection Act. It contains detailed provisions on licensing rights, territory definitions, pricing structures, support obligations, and performance requirements. This agreement is particularly important for international software companies entering the South African market through local distribution partners, as it helps establish clear guidelines for the reseller relationship while ensuring compliance with local regulations.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Technology Distribution

Cloud Services

Enterprise Software

Software as a Service (SaaS)

Value-Added Resellers

System Integration

Telecommunications

Digital Services

Relevant Teams

Legal

Sales

Channel Management

Business Development

Compliance

Commercial Operations

Partner Relations

Software Licensing

Contract Administration

Strategic Partnerships

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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