The licensee is solely responsible for all advertising costs related to the distribution of the software. Therefore, the agreement between the software reseller should clearly define the role of the reseller and distinguish it from that of an independent employee or sales agent. 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 exclusive right to resell software and services in a given geographic area If you plan to share or sell the software you have purchased, think again. If you buy a book or CD, you can sell, trade or donate what you bought with the First Sale Doctrine. Not with most software. Keep reading and find out what you can and can`t do with software. A software reseller contract is a legal contract that clearly defines the relationship between the company that originally developed the white label software and the reseller.
The agreement aims to identify the rights and obligations of each party and to define the conditions for the resale of the software to the end customer. Let`s take a closer look at each of these entities so that you know exactly what the rights and responsibilities of each of them are. Nevertheless, we provide you with a checklist for software reseller agreements, to which you can refer at any time. All costs associated with the aforementioned trust agreement will be distributed equitably among the parties. Unfortunately, the resale of software, like any type of investment, is not a bulletproof concept. With the right parts also come the bad ones, and in the white label resale trade, there are many things that can go wrong. Ambiguous property rights, missed deadlines and poorly defined requirements can turn any business transaction into a disaster. This includes all upgrades, changes or extensions made to the software during the duration of the agreement. However, from a legal point of view, it is imperative to distinguish between a dealer and a salesperson. Although some resellers work on commissions in which the software developer enters into the agreement with the end user and grants compensation to the reseller, the main difference is that resellers are completely separate from the developers.
If the software reseller is really a reseller, the reseller acquires licenses from the publisher and then sells the licenses to its customers. In these cases, the reseller wants the publisher to commit to certain prices of its products, so that the reseller will be able to charge enough to make a reasonable profit.