This saas reseller agreement template has 18 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our saas reseller agreement template:
SAAS RESELLER AGREEMENT This SaaS Reseller Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RESELLER NAME] (the "Reseller" or "SaaS Reseller"),), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] APPOINTMENT Appointment Company appoints SaaS Reseller and Reseller accepts appointment as an independent non-exclusive Reseller to market, sell, and install Company Software Service(s) ("Products") within the Territory stated in Exhibit A to consumers purchasing pursuant to [SPECIFY]. SaaS Reseller is not appointed as a dealer for Company's [SPECIFY] Schedule. Software Service(s) Covered Company Software Service(s) means the Cloud based Software Service(s) agreed to between the parties from time to time with any exclusions, additions or discounts Company may make. Sub-Resellers SaaS Reseller shall not, without Company's prior written approval, appoint sub-resellers, resellers or agents ("Sub-resellers") to market, sell, or lease Company Software Service(s); provided that Company shall not withhold such consent unreasonably if Reseller provides evidence of Company approved training and certification of such reseller or agent. SaaS Reseller shall be liable for the acts and omissions of any such Sub-resellers. Should Reseller resell Software Service(s) to any Sub-reseller, and Software Service(s) are further resold, the final end-user may not receive the Company warranty or technical support. Sales Outside Territory SaaS Reseller shall in no way market, distribute, export, sell, lease or install Company Software Service(s) outside the Territory without Company's prior written approval. Company will not ship on any Purchase Orders ("P.O.S") issued by Reseller outside the Territory. Company Sales Activities Company reserves the right to make direct sales into the Territory, and Reseller shall not be entitled to any compensation on any such sales. Company may appoint additional Resellers in the Territory at any time. OBLIGATIONS OF SaaS RESELLER Marketing and Software Service Support SaaS Reseller shall use reasonable efforts to market and sell Company Software Service(s) in the Territory and shall comply with the policies, programs, and requirements regarding marketing and Software Service support as may be communicated by Company to Reseller from time to time; provided, however, that in order to avoid conflict among Company's distribution channels, all such marketing and sales efforts require the prior written authorization from Company. SaaS Reseller shall not, without prior written authorization from Company, resell Company Software Service(s) in a retail environment that includes any type of store, shop, or other similar physical premises into which customers or potential customers are invited for the purpose of purchasing or potentially purchasing any Software Service(s) from Reseller. Advertising SaaS Reseller shall adhere to the reseller advertising policies and programs as may be communicated by Company to Reseller from time to time. Observance of Company Policies Company will keep SaaS Reseller informed of Company's customer support policies and procedures, and Reseller agrees to follow such policies and procedures to resolve any customer support issues. Minimum Order Commitment Concurrent with execution of this Agreement, SaaS Reseller agrees to simultaneously purchase from Company the Software Service(s) set forth on the attached Schedule D at the indicated prices for resale pursuant to the terms of this Agreement (the "Initial Purchase"). Security Interest SaaS Reseller agrees that all Software Services sold to Reseller hereunder shall be secured by a security interest in such Software Services and any proceeds thereof and in any receivables related thereto including any customer loan paper until Company shall have been paid for such Services. Reseller agrees to execute financing agreements, a security agreement, and such other documentation and take such other actions as Company may require to evidence and perfect such security interest. Exclusive Marketing Arrangement During the term of this Agreement, Company will be the exclusive provider of [SPECIFY] to Reseller. SaaS reseller will not sell, offer for sale or solicit sales for Software Services of any manufacturer other than Company. For the term of this Agreement, Company will be the sole supplier to Reseller for internal [SPECIFY] requirements provided that Company personal computers shall be compatible with Reseller's existing infrastructure, suitable for Reseller's internal needs, and competitively priced. OBLIGATIONS OF COMPANY Marketing Assistance Company will provide marketing support services and training programs to Reseller on a case-by-case basis. ORDERING AND DELIVERY OF COMPANY SOFTWARE SERVICE Purchasing This Agreement with its terms and conditions, and those provided under the Company Consumer Products Limited Warranty (available upon request) applies to all purchase orders and other documents of purchase ("Orders") which Reseller may place with Company for the Software Service(s) during the term of this Agreement. Media for Orders SaaS Reseller may order from Company by telephone, facsimile, mail or electronic mail. Company will also provide Reseller with the capacity to enter Orders directly into Company's system. Acceptance by Company of the Order shall occur (a) when the Order is entered into Company's system, (b) when an Order number is provided to Reseller by facsimile or electronic mail, if requested by Reseller, or (c) when assembly of the Software Service(s) commences, whichever occurs first. Orders SaaS Reseller may deliver a P.O. to Company by facsimile or electronic mail provided a signed original is delivered to Company within [NUMBER] days of receipt of the P.O. by Company. Company shall accept all POs by (a) facsimile or electronic mail, with a signed original notice of acknowledgment or (b) by commencement of performance by Company. Each P.O. shall be deemed an offer by Reseller to purchase the Company Software Service listed therein and when accepted by Company shall constitute a contract in accordance with the terms and conditions of the P.O. and this Agreement. If a conflict arises between the two, this Agreement shall take precedence. P.O.s submitted by SaaS Reseller pursuant to this Agreement shall include the type of Software Service(s) ordered, Service descriptions, Software Service specifications, delivery and invoice information (if allowed by Company), Reseller's order number, and the Agreement number. Company shall not be obligated to accept any order from Reseller in an amount less than [AMOUNT]. Company will endeavor to fill all orders from Reseller insofar as it is practicable and consistent with Company's schedules to do so, provided that in the event of its failure to fill the order, Company shall not be to any extent liable or responsible. Changes to Orders No terms of any purchase orders (whether printed, stamped, typed, written, or sent by any electronic means), except those specifying the type of Software Service(s) ordered, and invoice information, shall be binding either on Company or Reseller if they contravene any term or condition of this Agreement, unless specifically accepted or approved in writing and signed by an appropriate senior manager or executive of Reseller and Company. A general or form acknowledgment of any such order or any communication with respect to such an order, shall in no case be construed as an acceptance or approval of the type required by this paragraph.
