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Master Reseller Agreement

Master Reseller Agreement Template for Denmark

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Master Reseller Agreement

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Document background
The Master Reseller Agreement is a fundamental document used to establish and govern the commercial relationship between suppliers and their authorized resellers in the Danish market. This agreement type is essential when a business wants to expand its distribution network through third-party resellers while maintaining control over how its products or services are sold and marketed. The document encompasses key commercial terms, compliance with Danish legal requirements, territorial rights, pricing structures, and operational procedures. It's particularly important in situations where suppliers need to establish a standardized framework for multiple reseller relationships, ensuring consistency in commercial terms while complying with Danish and EU regulations. The Master Reseller Agreement serves as the primary reference point for the ongoing business relationship, covering everything from initial appointment to termination provisions.
Suggested Sections

1. Parties: Identification of the supplier and reseller with full legal entity details

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

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

4. Appointment and Territory: Scope of reseller appointment, territorial rights, and exclusivity status

5. Reseller Obligations: Core responsibilities and commitments of the reseller including sales targets, marketing efforts, and customer service

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 logistics arrangements

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

9. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and circumstances for termination

12. Effects of Termination: Consequences and obligations upon agreement termination

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Force Majeure: Provisions for handling events beyond parties' reasonable control

15. Governing Law and Jurisdiction: Specification of Danish law application and dispute resolution

16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

Optional Sections

1. Minimum Purchase Requirements: Include when specific purchase quotas or targets are required

2. Marketing and Promotion: Include when specific marketing obligations or cooperative advertising are required

3. Training Requirements: Include when formal training programs are part of the relationship

4. After-Sales Service: Include when reseller must provide specific after-sales support

5. Non-Competition: Include when restricting reseller from selling competing products

6. Data Protection: Include when significant personal data processing is involved

7. Insurance Requirements: Include when specific insurance coverage is required

8. Audit Rights: Include when supplier needs rights to audit reseller's compliance

9. Source Code Escrow: Include for software products requiring source code protection

10. Export Control: Include when products are subject to export restrictions

Suggested Schedules

1. Schedule 1 - Products: List of authorized products for resale with specifications

2. Schedule 2 - Territory: Detailed description of authorized sales territory

3. Schedule 3 - Pricing and Discount Structure: Detailed pricing information and discount levels

4. Schedule 4 - Service Level Agreement: Support and service level commitments

5. Schedule 5 - Technical Requirements: Technical specifications and requirements for reseller

6. Schedule 6 - Reporting Templates: Standard forms for required business reporting

7. Schedule 7 - Marketing Guidelines: Guidelines for use of trademarks and marketing materials

8. Appendix A - Contact Information: Key contacts for both parties

9. Appendix B - Compliance Requirements: Specific compliance and certification requirements

10. Appendix C - Return and Warranty Procedures: Procedures for handling returns and warranty claims

Authors

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Relevant legal definitions
Agreement
Affiliate
Authorized Products
Business Day
Confidential Information
Customer
Delivery Point
Documentation
Effective Date
End User
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Minimum Purchase Commitment
Net Sales
Order
Price List
Products
Purchase Order
Quarter
Renewal Term
Resale Price
Reseller
Sales Report
Services
Software
Specifications
Supplier
Supplier Marks
Target
Term
Territory
Trade Secrets
Training Materials
Updates
Value Added Services
Warranty Period
Working Hours
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing contract formation, validity, and enforcement in Denmark. Essential for establishing the basic framework of the reseller agreement.
Danish Sale of Goods Act (Købeloven): Regulates the sale of goods between parties, including commercial sales. Relevant for the product supply relationship between supplier and reseller.
Danish Marketing Practices Act (Markedsføringsloven): Governs marketing activities and fair business practices. Relevant for regulating how the reseller can market and sell the products.
Danish Competition Act (Konkurrenceloven): Ensures compliance with competition law, particularly regarding vertical agreements, pricing restrictions, and territory allocations in reseller relationships.
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data. Relevant for data sharing between supplier and reseller, and customer data handling.
Danish Commercial Agents Act (Handelsagentloven): While not directly applicable to resellers, may provide relevant principles for commercial intermediary relationships.
Danish Product Liability Act (Produktansvarsloven): Addresses liability for defective products, important for defining liability allocation between supplier and reseller.
Danish VAT Act (Momsloven): Governs VAT obligations in commercial relationships, crucial for determining tax responsibilities in the resale structure.
Danish Trademark Act (Varemærkeloven): Protects trademark rights and regulates their use, important for governing the reseller's use of supplier's trademarks.
Danish Business Act (Erhvervsloven): Contains general provisions about business operations in Denmark, relevant for overall business relationship structuring.
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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