The Reseller Software License agreement is essential for software companies expanding their distribution network in Belgium and the broader European market. This document is specifically designed to comply with Belgian commercial law and EU regulations while establishing a clear framework for software distribution through third-party channels. It's typically used when a software provider wants to expand market reach through authorized resellers, providing detailed terms for licensing, distribution rights, territorial restrictions, pricing structures, and support obligations. The agreement addresses critical aspects such as GDPR compliance, consumer protection requirements, and electronic commerce regulations specific to the Belgian jurisdiction. It's particularly relevant for both domestic and international software companies seeking to establish reliable distribution channels in the Belgian market.
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1. Parties: Identification and details of the software owner/licensor and the reseller
2. Background: Context of the agreement, brief description of the software, and purpose of the reseller relationship
3. Definitions: Key terms used throughout the agreement, including technical and commercial definitions
4. Appointment and Territory: Scope of reseller appointment and designated territory for operations
5. Grant of Rights: Specific rights granted to reseller, including licensing, distribution, and marketing rights
6. Reseller Obligations: Core responsibilities including sales targets, marketing efforts, and customer support
7. Licensor Obligations: Support, training, and materials to be provided by the software owner
8. Financial Terms: Pricing, payment terms, commissions, and reporting requirements
9. Intellectual Property Rights: Protection of IP rights, usage restrictions, and ownership declarations
10. Data Protection: GDPR compliance requirements and data handling obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal terms, and termination provisions
13. Post-Termination: Obligations and rights after agreement termination
14. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. White Labeling Rights: Terms for rebranding the software under reseller's brand, if applicable
2. Technical Integration: Requirements for technical integration with reseller's systems or platforms
3. Service Level Agreement: Specific performance metrics and support levels, if offered
4. Insurance Requirements: Specific insurance coverage requirements for higher-value agreements
5. Source Code Escrow: Terms for source code escrow arrangements for critical implementations
6. Professional Services: Terms for additional professional services if offered by reseller
7. Export Control: Specific provisions for international distribution outside EU
8. Minimum Purchase Requirements: Minimum purchase or performance requirements if applicable
1. Schedule 1 - Software Description: Detailed description of the software, features, and specifications
2. Schedule 2 - License Terms: End-user license terms that reseller must incorporate
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing models, commission rates, and payment terms
4. Schedule 4 - Service Level Agreement: Technical support and maintenance service levels
5. Schedule 5 - Territory Definition: Detailed description of authorized sales territory
6. Schedule 6 - Marketing Guidelines: Brand guidelines and marketing requirements
7. Appendix A - Technical Requirements: Technical specifications and integration requirements
8. Appendix B - Support Procedures: Procedures for handling support requests and escalations
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