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Reseller License Agreement

Reseller License Agreement Template for Denmark

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Reseller License Agreement

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The Reseller License Agreement is a crucial document for businesses expanding their distribution networks in Denmark and potentially other territories. It is typically used when a company (licensor) wants to authorize another entity (reseller) to sell its products or services while maintaining control over how these are marketed and distributed. The agreement must comply with Danish law and EU regulations, particularly regarding competition law, commercial agency rules, and data protection requirements. It includes detailed provisions on intellectual property rights, territory definitions, performance metrics, and compliance obligations. This type of agreement is essential for companies seeking to expand their market reach while protecting their brand and maintaining quality control over their distribution channels.
Suggested Sections

1. Parties: Identification of the licensor and reseller, including full legal names, registration numbers, and addresses

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

3. Definitions: Defined terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.

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

5. License Grant: Scope of license, permitted uses, and restrictions on use of licensed products/materials

6. Reseller Obligations: Core responsibilities including minimum purchase requirements, marketing efforts, reporting, and compliance

7. Licensor Obligations: Support, training, product supply, and other commitments from the licensor

8. Intellectual Property Rights: Ownership of IP, usage rights, and protection obligations

9. Financial Terms: Pricing, payment terms, currency, invoicing, and price adjustment mechanisms

10. Term and Termination: Duration of agreement, renewal provisions, and termination rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Warranties and Indemnities: Product warranties, service levels, and indemnification obligations

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law

Optional Sections

1. Non-Competition: Restrictions on competing products/services - include when exclusivity is granted or market protection is needed

2. Data Protection: GDPR compliance obligations - include when personal data processing is involved

3. Export Control: Export restrictions and compliance - include for products with export control requirements

4. Source Code Escrow: Software escrow arrangements - include for critical software products

5. Insurance: Insurance requirements - include for high-value or high-risk products

6. Service Level Agreement: Detailed service levels - include when technical support is critical

7. Change Control: Process for changes to products/services - include for complex technical products

8. Compliance with Laws: Specific regulatory compliance obligations - include for regulated industries

Suggested Schedules

1. Schedule 1 - Products and Pricing: Detailed list of licensed products and price lists

2. Schedule 2 - Territory Definition: Detailed description of geographical territory and any excluded areas

3. Schedule 3 - Service Levels: Technical support and service level commitments

4. Schedule 4 - Minimum Requirements: Sales targets, minimum purchase volumes, and performance metrics

5. Schedule 5 - Technical Requirements: Technical specifications and implementation requirements

6. Schedule 6 - Brand Guidelines: Guidelines for use of trademarks and marketing materials

7. Appendix A - Approved Sub-resellers: List of approved sub-resellers if permitted

8. Appendix B - Report Templates: Standard formats for required reporting

Authors

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Relevant legal definitions
Agreement
Affiliate
Approved Sub-reseller
Business Day
Commencement Date
Confidential Information
Customer
Documentation
End User
End User License Agreement (EULA)
Force Majeure Event
Initial Term
Intellectual Property Rights
License
Licensed Materials
License Fee
Minimum Purchase Commitment
Net Sales
Products
Purchase Order
Quarter
Renewal Term
Resale Price
Revenue Share
Services
Specifications
Territory
Term
Trademarks
Updates
Upgrade
Working Hours
Year
Competition Laws
Data Protection Laws
Delivery Point
Marketing Materials
Payment Terms
Performance Metrics
Quality Standards
Reporting Period
Support Services
Technical Requirements
Trade Control Laws
Training Materials
Warranty Period
Clauses
Appointment
Territory
License Grant
Exclusivity
Term and Duration
Renewal
Termination
Pricing and Payment
Minimum Purchase Requirements
Delivery
Marketing and Promotion
Training
Support Services
Performance Obligations
Reporting
Audit Rights
Intellectual Property
Trademarks Usage
Confidentiality
Data Protection
Competition Law Compliance
Export Control
Warranties
Indemnification
Limitation of Liability
Force Majeure
Insurance
Assignment
Sub-contracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Compliance with Laws
Non-Competition
Product Quality
Stock Requirements
Returns and Recalls
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 commercial parties, including provisions on delivery, risk transfer, and remedies for breach.
Danish Marketing Practices Act (Markedsføringsloven): Governs marketing activities and fair business practices, which resellers must comply with when marketing products.
EU Competition Law and Danish Competition Act (Konkurrenceloven): Regulates vertical agreements and distribution arrangements to prevent anti-competitive practices.
Danish Commercial Agents Act (Handelsagentloven): While not directly applicable to all reseller relationships, provides relevant principles for commercial intermediary relationships.
EU GDPR and Danish Data Protection Act (Databeskyttelsesloven): Governs the processing of personal data, relevant if the reseller will handle customer data.
Danish Copyright Act (Ophavsretsloven): Protects intellectual property rights and governs licensing of copyrighted materials.
Danish Product Liability Act (Produktansvarsloven): Establishes rules for product liability, which may affect the distribution chain and liability allocation.
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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