Software Services Reseller Agreement

The developer may not deliver the product to the reseller If third parties mistakenly believe that the reseller is a representative or employee of the publisher, the deeds and agreements signed by the reseller may be considered binding on the publisher itself. To avoid this, the publisher must ensure that the reseller does not present himself as a collaborator of the publisher. This often happens when the dealer uses a title like “VP Sales for Latin America” on commercial cars and email signatures, usually with the publisher`s name and logo. The publisher should require the reseller to clarify its relationship with the publisher in its dealings with third parties by using a title such as “independent reseller”. As an independent salesperson, a software reseller is independent of the publisher and does not have the possibility to enter into contracts on behalf of the software publisher. In the case of a traditional reseller agreement, the reseller pays a royalty to the software publisher for the right to resell or sublicense the software. The difference between this tax and the tax that the reseller charges the end user is the compensation of the software reseller. However, since software resellers are often compensated by a commission-like agreement, this can create confusion about the actual role of the reseller. The safest and frankly the best option for the reseller is the ability to sell the products as their own intellectual property.

White label solutions do not require any mention of the original software developer. Instead, you can customize the product as much as you want, resell it as your own brand, and build your brand while generating revenue. Software reseller agreements may or may not be exclusive. The software provider has the right to choose the type of agreement it offers to each reseller. In addition, the publisher should include a language in the international software reseller agreement in order to prohibit the reseller from registering the publisher`s trademarks in the foreign jurisdiction and to oblige the reseller to cooperate with the publisher`s assistance in the policing and enforcement of its intellectual property rights in the foreign jurisdiction. Most software reseller business agreements are not exclusive, which means that the publisher can give others the right to resell the software. In some situations, a software reseller agreement may be exclusive that would prohibit the publisher (or any of its other resellers) from reselling or distributing the software to certain end users. The more you get out of the reseller software agreement, the better. If you are the one who needs to help end users install the software, provide training, and offer additional services, you should be aware of this from the start.

Of course, an independent salesperson can also represent other products, including those that compete with the publisher`s software products. . . .