Customer & Reseller Agreements

Reseller Agreements

Businesses can achieve significant growth by partnering with third-party resellers, but it's important to have the right protections in place. A well-drafted resale agreement can provide protections to both the business owner and the reseller, and can help to establish clear expectations and guidelines for the relationship.

Reseller relationships come in many different forms, and each type of relationship may require different provisions in the resale agreement. Some examples of the different types are: Value Added Resellers, Retailers, Affiliates, and Drop Shippers.

The types of provisions and considerations that should be included in reseller agreements include: Scope, Price Terms, Exclusivity or Non-exclusive Provisions, Confidentiality, Intellectual Property Right Protections, and more.

It's important for parties to these agreements to seek the advice of an experienced attorney who can provide guidance on protecting their rights and complying with relevant laws and regulations. Our qualified attorneys can help review, negotiate, and draft customer and reseller agreements of all types, including software and SaaS reseller and distributor agreements, and ensure that the agreements accurately reflect the parties' intentions and protect their interests.

Software as a Service (SaaS) Reseller

SaaS agreements for resellers can be quite complex and require careful drafting to ensure that all parties are protected. In these agreements, a software service provider grants a reseller the right to contract with customers as the provider's principal, meaning that the reseller is responsible for providing the software services to the end customer.

To ensure that these agreements are effective, it's important to carefully define the rights and obligations of each party involved, as well as any limitations or restrictions on those rights and obligations. The agreement should also address key issues such as payment terms, warranties, limitations of liability, data privacy and security, intellectual property rights, and termination.

Intellectual Property (IP) Agreements

Businesses can allow third-party resellers to use their trademarks, copyrights, and other intellectual property rights. It's important to include provisions in agreements and contracts to protect those rights. These provisions should clarify ownership rights, use guidelines, breach and enforcement mechanisms, and the term of use authorized.

Our firm conducts intellectual property diligence audits to assess a company's intellectual property portfolio and identify their range of rights and protection needs. These audits are also useful in valuing a business. By identifying potential issues or gaps in the company's intellectual property protections, we can draft appropriate legal agreements that authorize third parties to use, distribute, and/or resell the company's assets with the necessary protections in place.