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Value Added Reseller Agreement

Value Added Reseller Agreement Template for Germany

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Key Requirements PROMPT example:

Value Added Reseller Agreement

"I need a Value Added Reseller Agreement for my German software company that will allow resellers to customize and integrate our cloud security products with their own solutions, with strict data protection requirements and a minimum annual revenue commitment of €500,000."

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Document background
The Value Added Reseller Agreement is essential for businesses operating in Germany that wish to establish authorized channels for enhanced product distribution. This agreement is particularly relevant when a supplier wants to expand market reach through partners who can add significant value to their original products or services through customization, integration, or bundling with complementary offerings. The document addresses specific requirements under German law, including compliance with the German Civil Code (BGB), Commercial Code (HGB), and EU regulations. It covers crucial aspects such as territorial restrictions, pricing mechanisms, intellectual property rights, data protection requirements, and service level obligations. The agreement is designed to protect both parties' interests while ensuring compliance with German competition law and distribution regulations.
Suggested Sections

1. Parties: Identification of the supplier/manufacturer and the value-added reseller with full legal entity details

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Territory: Scope of reseller appointment, territory definitions, and any exclusivity provisions

5. Reseller Obligations: Core responsibilities of the reseller including minimum purchase requirements, marketing obligations, and service standards

6. Supplier Obligations: Core responsibilities of the supplier including product supply, support, and training

7. Ordering and Delivery: Process for placing orders, delivery terms, and acceptance procedures

8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures

9. Intellectual Property Rights: IP ownership, licensing terms, and usage restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Term and Termination: Duration of agreement, renewal terms, and termination provisions

13. Post-Termination: Obligations and rights after agreement termination

14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Marketing and Promotion: Detailed marketing requirements and co-branding guidelines, included when specific marketing obligations are required

2. Service Level Requirements: Specific performance metrics and service standards, included when detailed service levels need to be maintained

3. Training Requirements: Detailed training obligations and certification requirements, included when specific technical expertise is required

4. Insurance: Specific insurance requirements, included when higher risk products or services are involved

5. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions, included when dealing with public sector or high-risk territories

6. Bank Guarantee: Requirements for bank guarantees or other financial security, included when credit risk is a concern

7. Source Code Escrow: Software source code escrow provisions, included when software is a critical component

8. Change Control: Procedures for handling changes to products or services, included when frequent updates are expected

Suggested Schedules

1. Products and Services: Detailed list of products and services covered by the agreement

2. Pricing Schedule: Detailed pricing information, discount structures, and commission rates

3. Territory Definition: Detailed description of geographical territories and any exclusions

4. Technical Requirements: Technical specifications and requirements for value-added services

5. Service Level Agreement: Detailed service level metrics and performance requirements

6. Trademark Usage Guidelines: Specific guidelines for using supplier's trademarks and branding

7. Support and Maintenance Terms: Detailed terms for technical support and maintenance services

8. Reporting Requirements: Templates and specifications for required reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliate
Agreement
Added Value Services
Authorized Personnel
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User Agreement
Force Majeure Event
Intellectual Property Rights
License
License Fee
Marks
Minimum Purchase Commitment
Net Sales
Products
Professional Services
Purchase Order
Quarter
Resale Price
Services
Service Levels
Specifications
Supplier Materials
Support Services
Technical Requirements
Territory
Term
Third Party Products
Trade Secrets
Updates
Value Added Products
VAR Margin
VAR Solutions
Working Hours
Clauses
Appointment and Authority
Territory and Exclusivity
Term and Termination
Ordering and Delivery
Pricing and Payment
Intellectual Property Rights
Confidentiality
Data Protection
Value Added Services
Minimum Purchase Requirements
Marketing and Promotion
Training and Support
Quality Control
Warranties and Representations
Liability and Indemnification
Insurance
Compliance with Laws
Non-Competition
Force Majeure
Assignment and Subcontracting
Audit Rights
Reporting Requirements
Notice
Governing Law and Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Amendment
Waiver
Relationship of Parties
Third Party Rights
Relevant Industries

Information Technology

Software

Hardware Manufacturing

Telecommunications

Industrial Equipment

Electronics

Medical Devices

Automotive

Cloud Services

Security Systems

Network Infrastructure

Professional Services

Relevant Teams

Legal

Sales

Business Development

Commercial

Procurement

Partner Management

Distribution

Product Management

Compliance

Technical Operations

Finance

Relevant Roles

Chief Commercial Officer

Sales Director

Business Development Manager

Channel Manager

Legal Counsel

Procurement Manager

Commercial Director

Partner Manager

Distribution Manager

Chief Technology Officer

Product Manager

Compliance Officer

Contract Manager

Chief Executive Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of German private law, governing contractual relationships, general terms and conditions, and basic contractual obligations
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial transactions between merchants, including sales contracts and commercial agency provisions
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates fair competition and marketing practices, relevant for reseller's market behavior
Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB): German antitrust law governing vertical agreements and distribution systems
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data, relevant for customer data handling between parties
EU Vertical Block Exemption Regulation (VBER): Provides framework for vertical agreements including reseller arrangements and territorial restrictions
German Product Liability Act (Produkthaftungsgesetz - ProdHaftG): Governs liability for defective products, important for determining liability distribution between manufacturer and reseller
German Price Indication Regulation (Preisangabenverordnung - PAngV): Regulates price transparency and marking requirements for products sold to end consumers
Commercial Agents Law (Handelsvertreterrecht): While not directly applicable, provides relevant principles for compensation and termination in distribution relationships
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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