A Virginia Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance is a legally binding contract between a manufacturer and a reseller based in the state of Virginia. This agreement outlines the terms and conditions under which the reseller will be authorized to sell the manufacturer's equipment, software products, and provide maintenance services within the state of Virginia. This type of agreement serves as a framework for the business relationship between the manufacturer and the reseller, ensuring that both parties have a clear understanding of their rights and obligations. The agreement typically covers important aspects such as product pricing, warranties, marketing and promotional activities, intellectual property rights, and limitations of liability. There are various types of Virginia Manufacturer Reseller Agreements depending on the specific nature of the products and services being provided. Some common variations include: 1. Equipment Manufacturer Reseller Agreement: This type of agreement specifically focuses on the sale and distribution of equipment manufactured by the manufacturer. It outlines the terms related to pricing, delivery, support, and any additional services that the reseller may provide, such as installation or training. 2. Software Products Manufacturer Reseller Agreement: This agreement is designed for the sale and distribution of software products developed by the manufacturer. It may include provisions related to licensing, updates, technical support, and customization services that the reseller can offer along with the software products. 3. Maintenance Services Manufacturer Reseller Agreement: This type of agreement is centered around the provision of maintenance and support services for the manufacturer's equipment or software products. It outlines the scope of maintenance services, response times, support channels, and any associated fees or charges. In all variations of the Virginia Manufacturer Reseller Agreement, it is essential to include clauses related to the termination of the agreement, dispute resolution mechanisms, non-disclosure obligations, and any applicable governing laws specific to the state of Virginia. By entering into a Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance, both the manufacturer and the reseller can establish a mutually beneficial business relationship while safeguarding their interests and obligations. It is recommended to consult with legal professionals experienced in Virginia contract law to ensure the agreement complies with all relevant regulations and covers the specific needs of the parties involved.
Virginia Manufacturer Reseller Agreement for Equipment, Software Products, and Maintenance
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A software maintenance agreement, or SMA, is a legal contract that obligates the software vendor to provide technical support and updates for an existing software product for their customers. It may also extend the expiration date of certain features, such as new releases or upgrades.
California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.
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...
In the state of Virginia, any maintenance contracts that provide only repair labor are considered to be exempt. Any contracts that provide both parts and labor are definitely subject to tax on one-half the total charge for the contract. Contracts which provide only parts are considered to be taxable.
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.
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.
The Taxpayer is correct that the sale of software delivered electronically to customers does not constitute the sale of tangible personal property and is generally not subject to Virginia sales and use taxation.
The Virginia Department of Revenue has maintained a long-standing policy, which is referenced in Virginia Public Document Ruling No. 05-44 , that sales of software delivered electronically do not constitute the sale of tangible personal property and are not subject to sales tax.
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).
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.