Value Added Reseller Agreement
Description
Key Concepts & Definitions
Value Added Reseller Agreement: A legal contract between a software vendor and a reseller that allows the reseller to enhance or add value to the original product, typically involving third party software. The agreement governs aspects such as intellectual property rights, software pricing, and customer support responsibilities.
Step-by-Step Guide to Drafting a Value Added Reseller Agreement
- Identify the Parties: Clearly define the parties involved, typically a software vendor and a reseller.
- Define the Product: Detail the specific software and any third party software components that are included.
- Outline Responsibilities: Specify roles in relation to software maintenance, customer support, and distribution.
- Pricing and Payment Terms: Establish terms around software pricing, payment schedules, and financial responsibilities.
- Intellectual Property Rights: Clarify ownership and usage rights of software and any contributions by the reseller.
- Confidentiality: Incorporate clauses to protect any confidential Viryanet or company confidential information.
- Termination Clauses: Define the conditions under which the agreement can be dissolved.
- Dispute Resolution: Lay out a process for handling potential vendor disputes or misunderstandings.
- Signatures: Ensure both parties sign and date the agreement to validate it.
Risk Analysis for Value Added Reseller Agreements
- Intellectual Property Risks: Mismanagement of rights can lead to legal disputes.
- Vendor Disputes: Poorly defined terms can result in conflicts regarding product quality or financial dealings.
- Regulatory Compliance: Failure to comply with local and international laws can incur legal penalties.
- Economic Dependence: Heavy reliance on one vendor might risk business operations if the partnership dissolves.
Best Practices
- Clear Definitions: Ensure all terms, particularly around intellectual property and software components, are explicitly defined.
- Regular Updates: Keep the agreement current with periodic reviews and updates accommodating new software versions or legal requirements.
- Legal Review: Have all agreement exhibits and terms reviewed by a legal professional specializing in technology and software law.
Common Mistakes & How to Avoid Them
- Vague Terms: Avoid vague language by specifying detailed responsibilities and roles.
- Ignoring Regulatory Changes: Stay informed about changes in software law to maintain a compliant agreement.
- Overlooking Confidentiality: Always include robust confidentiality terms to protect sensitive information.
FAQ
- What is a value added reseller agreement? It's a contract that allows a reseller to add value to a product and resell it.
- Who needs a value added reseller agreement? Any vendor and reseller partnership that includes enhancement of the original product.
- How often should the agreement be reviewed? It should be reviewed annually or whenever significant product or legal changes occur.
Summary
A value added reseller agreement is crucial for maintaining clear and beneficial relationships between software vendors and resellers. It helps define roles, protect intellectual property, and handle disputes effectively. Drafting a detailed agreement with proper legal guidance ensures both parties understand their rights and obligations, minimizing risks and fostering a successful partnership.
How to fill out Value Added Reseller Agreement?
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FAQ
A value-added reseller (VAR) is an organization that is usually part of a sales channel for an original equipment manufacturer (OEM).
A value-added reseller enhances the value of other companies' products by adding customized products or services to the core product for resale to end-users. A value-added reseller can increase repeat business through the added value they provide.
A reseller is a company or individual (merchant) that purchases goods or services with the intention of selling them rather than consuming or using them. This is usually done for profit (but could be resold at a loss).
A value-added reseller (VAR) is an organization that is usually part of a sales channel for an original equipment manufacturer (OEM).For these services, the VAR adds a markup to the final sale price of the product.
Perform and transform your business. The award-winning Cisco Channel Partner Program offers our value-added resellers (VARs) solutions, training, tools, and support to help accelerate profitability and grow their businesses with Cisco.
Agreement and effective dates. Names and relationships of parties. Appointment of reseller. Purchase orders. Accepting, modifying, rejecting, and canceling purchase orders.
Communication, training and reports; pricing; intellectual property licenses; delivery; and. bundling and selling other IT products.
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A VAR agreement is a legal contract between a manufacturer and a value-added reseller that specifies the rights and obligations of both parties. A VAR purchases a product from a manufacturer, adds value to that product in some way and then resells the product as its own.
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