Value Added Reseller Agreement Template for India

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Key Requirements PROMPT example:

Value Added Reseller Agreement

"I need a Value Added Reseller Agreement for my software company based in Bangalore, to appoint resellers who will customize and integrate our cloud security solutions for enterprise customers across India, with the agreement starting January 2025."

Document background
The Value Added Reseller Agreement is a critical commercial contract used when a manufacturer or supplier wishes to expand their market reach through specialized resellers who add value to the original products or services. This agreement, governed by Indian law, establishes the framework for a business relationship where the VAR typically enhances the original offering through integration, customization, bundling, or by providing additional services. The document is essential for businesses operating in India who want to create a formal reseller channel, ensuring compliance with local regulations while protecting both parties' interests. It covers crucial elements such as appointment terms, territorial rights, pricing structures, minimum purchase requirements, intellectual property rights, and service level commitments. The agreement is particularly important in technology and manufacturing sectors where products often require customization or integration with other solutions before reaching end customers.
Suggested Sections

1. Parties: Identification and details of the manufacturer/supplier and the Value Added Reseller

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

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

4. Appointment and Scope: Terms of VAR appointment, territory definition, and exclusivity status

5. Rights and Obligations of VAR: Core responsibilities, minimum purchase requirements, marketing obligations, and service standards

6. Rights and Obligations of Manufacturer: Support, training, warranty provisions, and supply commitments

7. Ordering and Delivery: Process for placing orders, delivery terms, and logistics arrangements

8. Pricing and Payment Terms: Price structure, payment terms, invoicing process, and currency specifications

9. Intellectual Property Rights: Usage rights for trademarks, copyrights, and other IP, including restrictions

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Post-Termination Obligations: Rights and obligations of parties after agreement termination

13. Representations and Warranties: Standard warranties and representations from both parties

14. Limitation of Liability: Scope and limits of liability for both parties

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Performance Targets: Specific sales targets and performance metrics, included when the manufacturer wants to ensure minimum performance levels

2. Training Requirements: Detailed training obligations and certification requirements, needed for complex technical products

3. Marketing and Promotion: Specific marketing requirements and co-branding guidelines, important for brand-sensitive products

4. Technical Support Requirements: Detailed support obligations, necessary for technical products requiring significant post-sale support

5. Compliance Requirements: Specific regulatory compliance obligations, important for regulated industries or products

6. Insurance Requirements: Detailed insurance obligations, important for high-value or high-risk products

7. Data Protection: Specific data protection and privacy requirements, necessary when handling customer data

8. Export Control: Export control provisions, required for international trade or restricted products

9. Source Code Escrow: Software source code escrow provisions, relevant for software products

10. Service Level Agreement: Detailed service level requirements, important for service-intensive products

Suggested Schedules

1. Product Schedule: List of approved products and services for resale, including specifications and prices

2. Territory Schedule: Detailed description of authorized sales territory and any exclusions

3. Price List: Detailed pricing structure, discounts, and margin calculations

4. Service Level Requirements: Detailed technical support and service level specifications

5. Marketing Guidelines: Detailed marketing requirements and brand usage guidelines

6. Commission Structure: Detailed commission calculations and payment terms

7. Technical Requirements: Technical specifications and certification requirements

8. Training Program: Details of required training programs and certification processes

9. Approved Sub-resellers: List of approved sub-resellers if sub-reselling is permitted

10. Reporting Templates: Standard templates for required periodic 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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Hardware Manufacturing

Telecommunications

Industrial Equipment

Electronics Manufacturing

Medical Devices

Automotive

Security Systems

Cloud Services

Network Infrastructure

Industrial Automation

Relevant Teams

Legal

Sales

Commercial

Business Development

Channel Management

Operations

Finance

Compliance

Product Management

Partner Relations

Marketing

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Channel Manager

Partner Relations Manager

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Chief Technology Officer

Product Manager

Compliance Officer

Finance Director

Regional Sales Manager

Channel Marketing Manager

Industries
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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