This Reseller Agreement is a separate agreement from the agreement Atlassian has in www.atlassian.com/legal/customer-agreement/ with its end users (how Atlassian may be amended from time to time, «Atlassian Customer Agreement»). However, for convenience and consistency, the definitions of certain terms related to our products and services (software, hosted services, products and authorized users) are the same as in the Atlassian Customer Agreement. Unfortunately, the resale of software, like any type of investment, is not a bulletproof concept. With good parts also come bad ones, and in the white label resale store there are a lot of things that can go wrong. Ambiguous property rights, missed deadlines, and ill-defined requirements can turn any business into a disaster. As already said, it is essential to determine whether the reseller can use the company`s name, trademark and other intellectual property when reselling its software and services. With regard to white label solutions, a reseller agreement should give the reseller the right to claim the products and services as his own and to market them under his own brand. Software resellers are, much like sales agents, regardless of the employer. They enter into an agreement with the original software developer, which allows them to resell their products to customers under their own brand. This is essential – end users are usually not aware of the connection between the reseller and the manufacturer of the white label software.
The term of a software reseller agreement describes the period during which the reseller has the right to resell the software. This is often the case for an initial term and can be extended for an additional period (as a general rule, this assumes that the reseller has fulfilled certain performance obligations during the initial term). However, exclusive agreements do not mean that you are the only one authorized to sell the software. In most cases, they are defined geographically, which means that only one reseller has the right to resell in a given market, for example. B in the United States. In this case, other resellers are free to promote the same product to end users in Europe. However, we provide you with a checklist of software reseller agreements, which you can refer to at any time. Among the essential conditions that the contract should cover are: here are some examples of situations that a good reseller contract can easily avoid: on the other hand, an independent sales representative is not legally entitled to execute end-user licenses on behalf of the software manufacturer.
Instead, the representative will negotiate the terms with potential licensees, but the software publisher will enter into a software license agreement directly with the end user. The representative is compensated by a sales commission which usually corresponds to a percentage of the royalty related to the software license. These are the bare bones of the agreement that you should thoroughly examine before agreeing to become a white label software reseller. Of course, you should take the time to go through the entire document at least a few times in order to avoid possible unpleasant situations. Otherwise, the software developer must determine whether the reseller can register domain names, company names, and trademarks on behalf of the vendor. If they grant such rights to the reseller, the contract must also clearly define what happens to the intellectual property after the contract expires or is terminated by both parties. One thing to remember here is that, regardless of their geographical location, the agreement should be in English. In some cases, the agreement can be translated into other languages, but note that the English version always takes precedence over all other versions….