New Mexico Distributor Agreement for Software

State:
Multi-State
Control #:
US-KWP-0042
Format:
Word; 
Rich Text
Instant download

Description

This form is a Distributor Agreement. This is an agreement between a developer of a computer program and a distribution company to market and distribute the computer program. The distributor acknowledges that the territory is the area of its principal responsibility and agrees to use its best efforts to promote the sale of the developer's product.
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FAQ

In New Mexico, receipts from the sale or license of prewritten software delivered electronically are subject to gross receipts tax. New Mexico defines SaaS and cloud computing as services, making them subject to the state's taxes.

The Distributor Agreement should clearly set forth the duties, responsibilities and expectations of each of the parties. The Distributor Agreement should also set forth provisions related to limitations and protections that each party can understand.

A distributor agreement, also known as a distribution agreement, is a contract between channel partners that stipulates the responsibilities of both parties.

Products: The agreement should specify what products, product lines, or brands are included under the agreement. The agreement should also address whether and to what extent any new brands developed or acquired by the supplier would be included, or specifically, excluded from the agreement.

Six Rules for Negotiating a Better Distribution AgreementBalance. Balance in a distribution agreement ensures that neither party holds unfair power over the other.Due Diligence.Annual Termination and Semiautomatic Renewal.Comparison with Proven Industry Agreements.Four Eyes versus Two Eyes.Cause and Convenience.

Below is a basic distribution agreement checklist to help you get started:Names and addresses of both parties.Sale terms and conditions.Contract effective dates.Marketing and intellectual property rights.Defects and returns provisions.Severance terms.Returned goods credits and costs.Exclusivity from competing products.More items...

A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain geographical areas.

What to Include In A Distributorship Agreement?Exclusive Distributor.Terms And Conditions Of Sale.Pricing.Term Of The Agreement.Marketing rights.Trademark licensing.The geographical territory covered by the agreement.Performance.More items...

The definition of SaaS sometimes falls in the gray area of digital service. New Mexico does tax SaaS products, but check the website to confirm that the definition firmly applies to your service.

Exclusive dealing or requirements contracts between manufacturers and retailers are common and are generally lawful.

More info

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New Mexico Distributor Agreement for Software