Checking or drawing up a reselling agreement

If you have developed software, you can let others resell it. To arrange this reselling, you need a reselling agreement, which specifies the conditions under which a reseller may resell a provider’s software to third parties.

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Need a reselling agreement?

Do you need advice on checking or drawing up your software reselling agreement? Legal ICT can assist your organisation and give concrete advice on the rights of both parties. We will also check that you are not unintentionally entering into an agency relationship, as such relationships are subject to mandatory law.

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Points to consider for the reselling agreement

A reselling agreement governs the conditions under which a reseller may resell your software. The following points are important in this regard:

The geographical area in which the reseller is permitted to resell the software.
Can the reseller in turn use resellers?

Who is responsible for what? If the software needs to be implemented, it should be clear who is responsible for this. The same applies to providing support.
Can the provider approach end users upon termination of the reselling agreement? Contracts with end users can only be taken over if you stipulate this in the reselling agreement.

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End-user licence agreement (EULA)

In an end-user licence agreement (EULA), you stipulate the usage rights of the acquirer of your software. This is often accompanied by installation, customisation and training by the provider.

Service Level Agreement (SLA)

With a Service Level Agreement (SLA), you specify your guaranteed service levels. This makes it clear to your customers what they can expect from you.

General terms and conditions

With general terms and conditions, you as a hosting company, web shop or other type of company provide clarity to your customers and safeguard your organisation’s legal position.