Reseller agrees that 1 reseller shall have no authority to modify in any way the terms of this agreement, or to make any representations or warranties contrary to the this. When engaging a reseller to sell your software as a service saas, the reseller takes care of the marketing and selling within a particular territory. Deliverable means any software, equipment consultations, documentation andor other materials. The agreement covers, amongst other things, the customers rights to use the.
Reseller shall, prior to providing any end user with any software, either directly or through its subresellers, use reasonable efforts to ensure that. There is a process specified that allows the reseller to enter into such contract agreements. A saas reseller agreement involves a software services provider, known as the vendor, granting another business, the reseller, the rights to enter into a contract with a third party customer as the principal for providing the vendors services to the third party. What should i look for in a saas reseller agreement. Saas reseller agreements are different, but not fundamentally different from software reseller agreements. Saas agreements faqs reseller agreements bodle law. What to remember about saas reseller agreement and saas oem agreement models. Saas suppliers use resellers to facilitate sales of their saas software and services to customers who. This nonexclusive software reseller agreement this agreement is entered into as of the date of approval into the. For convenience and consistency, however, the definitions of certain terms related to our products and services namely software, hosted.
Back in october 2012 i wrote this post on the different relationship models that may be used in softwareasaservice saas channel partner. What should i include in my saas reseller agreement. Reseller programs are more realistic for some companies than others. Saas agreements resellerdistribution international saas. Dont use license agreements for softwareasaservice.
If the software is high risk or high value, andor the arrangement will involve the company being the software supplier, not the reseller. Saas software reseller agreement checklist for success 5th october 2018 sam gilbert a software reseller agreement is a legal agreement between the owner of a software or. Software reseller agreement template simmonds stewart nz. The agreement serves to identify each partys rights and obligations, as well as to specify the terms of reselling the software to the endcustomer. When i refer to a saas reseller agreement, i mean an agreement under which either. The legal issues surrounding software licensing and saas software as a service agreements are just about as complex and dynamic as the development of the software itself. This nonexclusive software reseller agreement this agreement is entered into as of the date of approval into the innovative litigation services reseller program the effective date, by and between innovative litigation services. For mid size b2b saas companies, it is often 2030% though it can vary from 10 to 40%. The reseller agreement should clearly set out whether or not the reseller is permitted to register local domain names, company names and trademarks on behalf of the supplier in relation to. For purposes of this agreement, the following terms have the corresponding definitions listed below. Reseller agreement oncord digital marketing software. Saas reseller agreement software on reseller serverexecuted for use where licensor grants to licensee reseller rights to load licensors software products in object code form on.
There are essentially 3 different saas channel models. Microsoft cloud reseller agreement windows phone 7. The reseller discount is typically for the life of the user otherwise expect resellers to offer their clients a competitors saas. This software as a service agreement is a contract between you the customer and us, company name the company, for your use of software. Reseller will be paid a % commission on all software net sales that are made by reseller during the term of this agreement.
Dont use license agreements for software as a service. Saas reseller agreement 9 decision points to avoid killer mistakes. Big saas companies do not offer reseller program as they grow on their own. Where can i find a good template for saas reseller agreement. Saas reseller agreement 1 mistake in how you structure your saas. When engaging a reseller to sell your software as a service saas, the reseller takes care of the marketing and selling within a particular.
Saas agreement saas reseller agreement software as a. A saas reseller agreement involves a software services provider, known as the vendor, granting another business, the reseller, the rights to enter into a contract. By using a distributor reseller the above problems are resolved as the distributor reseller sells the saas software directly to saas customers, in the local language, pursuant to local law, with local support as if the saas software was his own software. This master reseller agreement agreement, effective as of june 14. Revenue recognition by reseller var for service contract. Master reseller agreement this master reseller agreement.
The resellerdistributor then resells the saas software and services to its own local customers in the territory using its own terms and conditions. The resellers cost is the cost of purchase of the service agreement. Generally, companies that offer high value solutions such as enterprise resource. Many softwareasaservice saas contracts grant a license to use the vendors software. Matching revenue amortized revenue recognition and the 3 year service cost does not apply to the. The reseller agreement should clearly set out whether or not the reseller is permitted to register local domain names, company names and trademarks on behalf of the supplier in relation to reselling the saas services and software. Software reseller agreement 101 how to protect your. Microsoft may disable a customers subscription for legal or regulatory reasons. Two levels of support are provided for in this agreement, the first to be provided by the reseller directly to the customer and the second to be provided by the supplier via the reseller. What are the commission ranges for reseller partners for. This agreement regulates the provision of softwareasaservice saas to customers by means of the internet.
Oncord pty ltd acn 116 347 909 oncord operates the oncord website management system program. An saas reseller agreement template allows you to craft an agreement that defines the terms of an application hosting through a third party provider with ease. Most it contract drafters know the difference between a software license agreement and a technology services contract. Page 1 of 16 confidential reseller partner agreement saas this reseller partner agreement this agreement is entered into as of insert date the effective date by asc networks inc. A software reseller agreement is a legal agreement between the owner of a software or authorised licensor and a person or business that wishes to obtain the right to resell that software. This contract is also sometimes referred to as software distribution agreement or software distributor agreement. A resellerdistributor purchases the suppliers saas software and services under the terms of a resellerdistribution agreement. Nonexclusive reseller agreement definitions in this agreement, unless the contest otherwise requires.
A saas reseller agreement is one where a software services provider, known as the vendor, grants the reseller rights to enter into contracts with customers, or third parties, to provide the. Saas agreements resellerdistribution international. Reseller must comply with these policies as well as the salesforce reseller agreement reseller agreement and cloud reseller addendum in order to participate in the cloud reseller. Reseller will bear all risk of nonpayment by end users, and will be solely responsible for all of its costs and expenses. Saas agreement, saas reseller agreement saas contract. Page 1 of 16 confidential reseller partner agreement saas this reseller partner agreement this agreement is entered into as of insert date the effective date by asc. Application software products means those products which are software as a service. Saas software reseller agreement checklist for success.
A saas reseller agreement is one where a software services provider, known as the vendor, grants the reseller rights to enter into contracts with customers, or third parties, to provide the vendors services to the customers. Reseller will independently set its own pricing to each end user. Saas reseller agreement aber law firm software attorney. Saas is a service, as the name implies, and it doesnt. An affiliate or partner program that pays a commission for. A software reseller agreement is a legal contract that clearly defines the relationship between the company that originally developed the white label software and the reseller.
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