Efficient Networks Reseller Agreement between Efficient Networks, Inc. and Cabletron Systems, Inc., Fire Acquisition Corporation and Flowpoint Corporation, Inc. regarding appointment of non-exclusive reseller of products dated November 21, 1999. 23
The Minnesota Reseller Agreement pertaining to the appointment of a nonexclusive reseller of products is a legally binding document that outlines the terms and conditions governing the relationship between a product manufacturer or distributor (referred to as the "Supplier") and an independent reseller (referred to as the "Reseller"). This agreement serves as a guide to prevent any misunderstandings or conflicts that may arise between the Supplier and the Reseller when it comes to the resale of products within the state of Minnesota. The purpose of this agreement is to establish clear guidelines and responsibilities for both parties, ensuring a fair and mutually beneficial business relationship. Key Components of a Minnesota Reseller Agreement: 1. Scope of Appointment: This section defines the specific products that the Supplier grants the Reseller the right to sell within the state of Minnesota. It also outlines any limitations or exclusions to the Reseller's authority. 2. Terms and Conditions: The agreement sets forth the duration of the agreement, specifying whether it is a fixed term or an ongoing arrangement. It may also include a termination clause, outlining the circumstances under which either party may terminate the agreement. 3. Non-Exclusivity: As a "nonexclusive" agreement, it clarifies that the Supplier can appoint multiple resellers within Minnesota, thus allowing healthy competition in the market. 4. Sales and Pricing: This section outlines the Reseller's authority to set prices, discounts, and promotions for the products. It may also include provisions regarding minimum resale prices, suggested pricing guidelines, or restrictions on price manipulation. 5. Marketing and Advertising: The agreement may address the Reseller's responsibilities and limitations when it comes to marketing and advertising the products. This can include guidelines for the use of trademarks, logos, and other intellectual property owned by the Supplier. 6. Order Placement and Fulfillment: The agreement establishes the process for ordering products from the Supplier, including any minimum order requirements, shipping terms, and payment terms. 7. Intellectual Property Rights and Confidentiality: This section addresses the protection of intellectual property rights associated with the products and any confidential information exchanged between the Supplier and Reseller. Types of Minnesota Reseller Agreements: — Basic Reseller Agreement: A standard agreement that defines the relationship between the Supplier and Reseller, covering the essential terms and conditions. — Non-Exclusive Reseller Agreement: This specifically emphasizes the non-exclusivity aspect of the arrangement, allowing the Supplier to appoint multiple resellers within Minnesota. — Exclusive Reseller Agreement: In contrast to the non-exclusive agreement, this type grants the Reseller exclusive rights to sell the Supplier's products within a specific region or market. — Territory-Based Reseller Agreement: This agreement narrows down the Reseller's rights and responsibilities to a specific geographic territory within Minnesota. — Product-Specific Reseller Agreement: This type of agreement focuses on a particular product or product line, granting the Reseller exclusive or non-exclusive rights to sell only those specific products within Minnesota. When entering into a Minnesota Reseller Agreement, it is essential for both parties to carefully review and understand the terms and conditions to ensure compliance with Minnesota law and to protect their rights and interests. It is advisable to seek legal advice when drafting or negotiating such agreements.
The Minnesota Reseller Agreement pertaining to the appointment of a nonexclusive reseller of products is a legally binding document that outlines the terms and conditions governing the relationship between a product manufacturer or distributor (referred to as the "Supplier") and an independent reseller (referred to as the "Reseller"). This agreement serves as a guide to prevent any misunderstandings or conflicts that may arise between the Supplier and the Reseller when it comes to the resale of products within the state of Minnesota. The purpose of this agreement is to establish clear guidelines and responsibilities for both parties, ensuring a fair and mutually beneficial business relationship. Key Components of a Minnesota Reseller Agreement: 1. Scope of Appointment: This section defines the specific products that the Supplier grants the Reseller the right to sell within the state of Minnesota. It also outlines any limitations or exclusions to the Reseller's authority. 2. Terms and Conditions: The agreement sets forth the duration of the agreement, specifying whether it is a fixed term or an ongoing arrangement. It may also include a termination clause, outlining the circumstances under which either party may terminate the agreement. 3. Non-Exclusivity: As a "nonexclusive" agreement, it clarifies that the Supplier can appoint multiple resellers within Minnesota, thus allowing healthy competition in the market. 4. Sales and Pricing: This section outlines the Reseller's authority to set prices, discounts, and promotions for the products. It may also include provisions regarding minimum resale prices, suggested pricing guidelines, or restrictions on price manipulation. 5. Marketing and Advertising: The agreement may address the Reseller's responsibilities and limitations when it comes to marketing and advertising the products. This can include guidelines for the use of trademarks, logos, and other intellectual property owned by the Supplier. 6. Order Placement and Fulfillment: The agreement establishes the process for ordering products from the Supplier, including any minimum order requirements, shipping terms, and payment terms. 7. Intellectual Property Rights and Confidentiality: This section addresses the protection of intellectual property rights associated with the products and any confidential information exchanged between the Supplier and Reseller. Types of Minnesota Reseller Agreements: — Basic Reseller Agreement: A standard agreement that defines the relationship between the Supplier and Reseller, covering the essential terms and conditions. — Non-Exclusive Reseller Agreement: This specifically emphasizes the non-exclusivity aspect of the arrangement, allowing the Supplier to appoint multiple resellers within Minnesota. — Exclusive Reseller Agreement: In contrast to the non-exclusive agreement, this type grants the Reseller exclusive rights to sell the Supplier's products within a specific region or market. — Territory-Based Reseller Agreement: This agreement narrows down the Reseller's rights and responsibilities to a specific geographic territory within Minnesota. — Product-Specific Reseller Agreement: This type of agreement focuses on a particular product or product line, granting the Reseller exclusive or non-exclusive rights to sell only those specific products within Minnesota. When entering into a Minnesota Reseller Agreement, it is essential for both parties to carefully review and understand the terms and conditions to ensure compliance with Minnesota law and to protect their rights and interests. It is advisable to seek legal advice when drafting or negotiating such agreements.