Hawaii Value Added Reseller Distribution Agreement

State:
Multi-State
Control #:
US-13143BG
Format:
Word; 
Rich Text
Instant download

Description

A value-added reseller is a company that adds features or services to an existing product, then resells it as an integrated product or a complete turn-key solution. By doing this the company has added value above the cost of the indivual computer parts.

A Hawaii Value Added Reseller Distribution Agreement refers to a legally binding contract between a manufacturer, supplier, or vendor and a value-added reseller (VAR) based in Hawaii. This agreement outlines the terms, conditions, and obligations involved in the distribution and sale of products or services from the manufacturer to the VAR, who then resells these products to end customers. The main purpose of a Hawaii Value Added Reseller Distribution Agreement is to establish a mutually beneficial relationship between the manufacturer and the VAR, ensuring clarity and cooperation in their business activities. This agreement generally covers various key aspects such as: 1. Product/Service Description: It includes a detailed description of the products or services that the manufacturer will supply to the VAR, specifying models, features, and any associated intellectual property rights. 2. Territory and Exclusivity: The agreement delineates the specific region or territory within Hawaii where the VAR is authorized to distribute and sell the manufacturer's products. It may also state whether the VAR has exclusive rights in that territory, barring the manufacturer from appointing any other Vars. 3. Pricing and Payment Terms: This section establishes the pricing structure, payment terms, and any applicable discounts or special offers. It may outline the margin or markup that the VAR is entitled to retain when reselling the products. 4. Marketing and Promotion: The agreement often outlines the marketing and promotional activities that the VAR must undertake to promote and sell the products. It may include joint marketing initiatives, co-branding arrangements, and specific advertising obligations. 5. Order Placement and Fulfillment: The process of placing orders, order acceptance, delivery and shipping details, and any related warranties or guarantees are usually mentioned in this section. 6. Intellectual Property Rights: In cases where the manufacturer's products or services include intellectual property rights (e.g., patents, trademarks), the agreement will state how these rights will be protected, licensed, and enforced by both parties. 7. Termination Rights: Both parties' rights and obligations upon termination, including termination for cause or convenience, are specified in this section. It may also address issues like inventory returns, intellectual property rights, and non-compete clauses. Types of Hawaii Value Added Reseller Distribution Agreements may include: 1. Exclusive Distribution Agreement: This type of agreement grants the VAR exclusive rights to distribute and sell the manufacturer's products or services in a specific territory in Hawaii, without any direct competition from other Vars or the manufacturer. 2. Non-Exclusive Distribution Agreement: In this agreement, the manufacturer may appoint multiple Vars to distribute and sell their products in Hawaii, allowing competition among the Vars. 3. Authorized Reseller Agreement: This type of agreement grants the VAR permission to resell the manufacturer's products, but without exclusivity rights in a particular territory. The manufacturer may have multiple authorized resellers operating in Hawaii. Overall, a Hawaii Value Added Reseller Distribution Agreement serves as the foundation for a successful partnership between a manufacturer and a VAR, ensuring that both parties are protected by clearly defined rights, obligations, and guidelines for the distribution and sale of products or services in Hawaii.

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FAQ

A reseller agreement (also known as a reseller contract or resale contract) is a type of agreement where a party authorizes another party to sell its products and services to third parties or end-users.

A SaaS reseller agreement involves a software services provider, known as the vendor, granting another business, the reseller, the rights to enter into a contract with a third party (customer) as the principal for providing the vendor's services to the third party.

A Value Added Reseller, or VAR, is similar to a reseller, except that it will package your product with others to add value. Instead of reselling your program as a standalone product, a VAR will combine your program with certain other complementary products.

added reseller is a firm that enhances the value of thirdparty products by adding customized products or services for resale to endusers.

If the reseller is an independent contract (perhaps more often this is the case), then each business entity deals with one another as independent contractors.

The VAR is to provide technical support to end users for the integrated product, including the licensor software component. The parties should modify this agreement if the parties agree to different support obligations. The VAR may not sell the integrated products to a government entity.

The crucial terms the agreement should cover include:Provider and reseller rights and obligations.Intellectual property ownership.The type of agreementexclusive or non-exclusive.Payment terms and renewals.Applicable laws.Software updates and maintenance.Performance requirements for exclusive agreements.More items...?

Examples of common value-added resellers (also known as VARs) are computer retailers and service companies, automobile dealerships, and furniture stores.

Tips For Negotiating VAR/OEM AgreementsStrive For Equality Between The Parties.Clarify The Marketing Responsibilities Of The Reseller.Include Sanctions For Evidence Of Counterfeit Goods.Avoid Agreements Spanning Multiple Years.Aim For Exclusivity When Warranted.Negotiate Agreements With Care.

Master Reseller means any Reseller who is vested with the authority to appoint, hire or otherwise engage General Resellers in addition to such Master Reseller's efforts.

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Hawaii Value Added Reseller Distribution Agreement