Software License Reseller Agreement
Most commercial agreements of software resellers are not exclusive, which means that the publisher can give others the right to resell the software. In some cases, a software reseller agreement may be exclusive, which would prohibit the publisher (or one of its other resellers) from reselling or distributing the software to certain end-users. One thing to keep in mind here is that, regardless of its geographical location, the agreement should be in English. In some cases, the agreement can be translated into other languages, but note that the English version always takes precedence over all other versions. In addition, the publisher should include the language in the international software reseller agreement prohibiting the reseller from registering the publisher`s trademarks in foreign jurisdiction and require the retailer to cooperate with the support of the editorial police and to assert its intellectual property rights in foreign jurisdiction. When it comes to legally binding documents such as software reseller agreements, it`s important to understand exactly what you`re agreeing to. It is also good to know what the supplier`s responsibilities are, as well as the services they offer (if any) after signing the agreement. Whenever some form of exclusivity is granted, the publisher should insist that performance requirements be included in the software reseller agreement. This could provide that exclusivity is contingent on the sale by the reseller of a certain number of licenses or the achievement of a certain level of turnover each year.
For new markets, performance requirements are often increased each year over the life of the agreement. The software reseller contract should determine whether the publisher is required to offer the end user the maintenance or upgrade of the software, and whether there is a need to pay additional costs for maintenance or upgrade. Of course, the dealer will probably want to pass on additional charges to his customers. A representative is a legal representative of the client (in this case the software publisher) to which the publisher`s collaborators belong. Thus, the agent has the legal right to enter into contracts on behalf of the software publisher, including software licenses for end-users. Although sales agents often receive a commission as part of their earnings, they often receive a base salary, workers` benefits and expenses are paid by the employer.