Kansas Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance

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Multi-State
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US-13163BG
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Description

A reseller agreement typically refers to an arrangement between someone supplying goods (in this form, equipment and software products), and another party selling the goods to a third party or the general public (the reseller).

Kansas Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance is a legally binding contract that establishes the relationship between a manufacturer and a reseller in the state of Kansas. This agreement outlines the terms and conditions under which the manufacturer grants the reseller the rights to distribute, market, and sell their equipment, software products, and associated maintenance services in the specified territory. Some key components typically included in a Kansas Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance are: 1. Parties Involved: The agreement should clearly identify and define the manufacturer and the reseller, including their legal names, addresses, and contact details. 2. Territory: The geographical area or territory in which the reseller is authorized to distribute, market, and sell the manufacturer's equipment, software products, and maintenance services should be specified. 3. Products and Services: A comprehensive list of the equipment, software products, and maintenance services covered under the agreement should be provided, including any specific models, versions, or specifications. 4. Pricing and Payment Terms: The agreement should outline the pricing structure for the products and services, including any discounts, commissions, or royalties payable to the reseller. The payment terms, such as the frequency and method of payment, should also be specified. 5. Terms and Termination: The agreement should define the initial term of the agreement and any renewal provisions, as well as the conditions under which either party can terminate the agreement, such as breach of contractual obligations or non-performance. 6. Intellectual Property Rights: The agreement should address the ownership and protection of intellectual property rights related to the equipment, software products, and maintenance services, including any trademarks, copyrights, or patents involved. 7. Confidentiality and Non-Disclosure: The agreement should include provisions to safeguard any confidential information shared between the manufacturer and the reseller, outlining the responsibilities and obligations of both parties. 8. Support and Maintenance: Details regarding the manufacturer's obligations to provide technical support, training, and ongoing maintenance services should be clearly outlined, including any associated costs or warranties. 9. Marketing and Promotion: The agreement may include provisions related to the reseller's marketing and promotional activities, specifying any co-marketing arrangements, branding requirements, or advertising restrictions. 10. Dispute Resolution: A section covering dispute resolution methods, such as mediation or arbitration, should be included to address any potential conflicts that may arise between the manufacturer and the reseller. It's important to note that while the general structure and key components of a Kansas Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance remain consistent, there may be variations or additional provisions depending on the specific industry or products involved. It is always advisable to consult with legal professionals experienced in contract law to ensure compliance with applicable state laws and to tailor the agreement to meet the specific requirements of a given situation.

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FAQ

A software reseller agreement is a legal agreement outlining the rights and responsibilities between the owner of software (the publisher) and a person or business wanting the right to sell or license the software to third parties (the reseller).

A software reseller acts as an intermediary between your organization and numerous software publishers for the purpose of not only acquiring software publishers' offerings, but also the provision of administrative and professional services relating to the use of that software.

Margins for affiliate programs for software are typically 10-15%. However, some competitors may get extreme and offer 30-50% margins (they are just happy to have anyone trying to push their product). Many of your competitors will have their affiliate margins on their websites.

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.

An original equipment manufacturer, OEM, agreement is used by a company that takes components of products from one or more companies in order to build one product which it then sells under its own brand and company name.

There are some general sections and information that any reseller agreement should contain:Agreement and effective dates.Names and relationships of parties.Appointment of reseller.Purchase orders.Accepting, modifying, rejecting, and canceling purchase orders.More items...

Resellers often have access to an existing customer base or specific audience that other SaaS companies want to reach. SaaS companies use resellers to explore new verticals, enter regional or global markets, and/or acquire new customers or user bases all of which are growth levers for driving revenue.

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...?

A reseller agreement can mean something different depending on who you ask. Typically, these are agreements where a vendor contracts with a reseller to allow them to sell the vendor's product or services to a third-party. There is the potential for misunderstandings if the wrong terms are included in the agreement.

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Kansas Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance