Reseller and Partner Agreements
Why you need Reseller and Partner Agreements
Looking to get your SaaS product onto the market and into the hands of end-users? Looking to split or offload the burden of selling so you can focus on development and maintenance? Like Microsoft’s relationship with its partners, you need a Reseller Agreement. And for a good reseller relationship, you need a good contract underpinning it with a Partner Agreement.
What are Reseller and Partner Agreements?
The Reseller and Partner Agreement sets out the terms by which a party may sell your SaaS (Software as a Service) product, including licencing, fees and liability. Got an End User License Agreement (EULA) already? Do you offer warranties to the end-user? This agreement can neatly flow down your terms and conditions by ensuring a smooth supplier/reseller/end-user relationship.
Frequently Asked Questions
Q: Do I need an agreement to resell?
A: A contractual agreement between both the supplier and the reseller has benefits for both parties. The supplier is guaranteed their product will be in reliable hands and the reseller is granted a licence to sell.
Q: What’s the difference between a distribution agreement and a reseller agreement?
A: This all comes down to where the product is stored. A reseller never stores a product, where as a distributer does. With most IT companies now working from the Cloud and creating SaaS (or similar) applications, they (as the supplier) retain the product on their servers, and a reseller sells it on to end-users. For this reason distributor agreements are not as common in the IT industry.
Reseller and Partner Agreements table of contents
3. VAR’S undertakings
4. Supply of products
5. Companies undertakings
6. Prices and payment
7. Advertising and promotion
8. Compliance with laws and regulations
10. Intellectual property rights
13. Protection and processing of personal data
15. Limitation of liability and indemnity
16. Term and termination
17. Effects of termination
18. Force majeure
19. Customer engagements
21. Entire agreement
24. No partnership or agency
25. Third party rights
26. Rights and remedies
28. Governing law
Get the key facts of the Managed Services Contract
Contact the Law 365 team about this agreement
For these Microsoft Partners
- Managed Services Provider
- ISV, Software, Apps and IP
- System Integrators Professional Services Consultancy Partners
- Hosting Partners
- Licensing Partners
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This is a 'Forever template'
We will continually update this template with the frequent Microsoft updates such as CSP and other flow down terms, plus we will update the relevant terms to ensure you can claim as many rebates as possible, and get recognised by Microsoft such as CPoR, (Claims Partner of Record) DPoR (Digital Partner of Record), and PAL (Partner Admin Link).
We will also continually update this template as the law changes, for example, GDPR (General Data Protection Regulation) and the effects of Brexit on our laws, as we untangle ourselves from the European Union.