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Product Reseller Agreement
I need a Product Reseller Agreement for my Swiss software company to appoint an exclusive distributor in Germany and Austria, with the agreement starting January 2025 and including strict data protection requirements and minimum annual sales targets.
1. Parties: Identification of the supplier/manufacturer and the reseller, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the business relationship and parties' objectives
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment, territory definition, and whether appointment is exclusive or non-exclusive
5. Ordering and Delivery: Process for placing orders, delivery terms, acceptance procedures, and lead times
6. Prices and Payment: Pricing structure, payment terms, invoicing process, and currency specifications
7. Obligations of the Supplier: Supplier's commitments regarding product supply, support, training, and marketing materials
8. Obligations of the Reseller: Reseller's commitments regarding sales efforts, marketing, reporting, and minimum purchase requirements
9. Intellectual Property Rights: Protection and usage rights of trademarks, patents, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Post-Termination: Rights and obligations after agreement termination
13. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Minimum Purchase Requirements: Used when supplier wants to enforce specific sales targets or minimum order quantities
2. Marketing and Promotion: Detailed section when specific marketing requirements or cooperative advertising programs exist
3. Training Requirements: Include when products require technical expertise or certification
4. Sub-Resellers: Include when reseller is permitted to appoint sub-resellers
5. Data Protection: Detailed section when significant customer data processing is involved
6. Import/Export: Include for cross-border sales requiring specific import/export compliance
7. Insurance: Detailed insurance requirements when high-value or high-risk products are involved
8. Service Level Requirements: Include when reseller must provide specific customer service levels
9. Non-Competition: Used when restricting reseller from selling competing products
1. Schedule 1 - Products: List of approved products for resale with specifications and prices
2. Schedule 2 - Territory: Detailed description of geographic territory and any excluded areas
3. Schedule 3 - Minimum Purchase Commitments: Specific targets and timeframes for minimum purchases if applicable
4. Schedule 4 - Approved Sub-Resellers: List of approved sub-resellers if permitted
5. Schedule 5 - Service Level Requirements: Detailed service level metrics and requirements
6. Schedule 6 - Marketing Guidelines: Brand guidelines and marketing requirements
7. Appendix A - Technical Specifications: Detailed technical requirements and compliance standards
8. Appendix B - Returns Policy: Procedures for handling product returns and warranties
Authors
Technology
Electronics
Manufacturing
Consumer Goods
Industrial Equipment
Automotive
Medical Devices
Software
Telecommunications
Fashion and Apparel
Food and Beverage
Pharmaceuticals
Construction Materials
Agricultural Products
Legal
Sales
Commercial
Business Development
Procurement
Compliance
Partner Relations
Distribution
Channel Sales
Operations
Chief Commercial Officer
Sales Director
Channel Manager
Business Development Manager
Legal Counsel
Contracts Manager
Commercial Director
Distribution Manager
Partner Relations Manager
Procurement Manager
Sales Operations Manager
Channel Sales Director
Chief Legal Officer
Compliance Officer
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