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Value Added Reseller Agreement

Value Added Reseller Agreement Template for New Zealand

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Key Requirements PROMPT example:

Value Added Reseller Agreement

"I need a Value Added Reseller Agreement for my New Zealand-based software company to appoint an exclusive reseller who will provide integration services and local support for our cloud security platform in the Australian market, with the agreement to commence on March 1, 2025."

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Document background
The Value Added Reseller Agreement is essential for businesses operating in New Zealand that wish to expand their distribution channels through partners who can add value to their original products or services. This agreement type is commonly used when a supplier wants to leverage a reseller's expertise, market presence, or technical capabilities to enhance their product offering. The document covers crucial aspects such as appointment terms, territorial rights, pricing structures, service level commitments, and intellectual property protection, all while ensuring compliance with New Zealand legislation including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and relevant privacy and consumer protection laws. It's particularly suited for technology, software, and specialized equipment sectors where additional services, customization, or integration are valuable to end customers.
Suggested Sections

1. Parties: Identification and details of the supplier and reseller entities

2. Background: Context of the agreement, including the supplier's business, reseller's business, and intention to establish a reseller relationship

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

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

5. Reseller Obligations: Core responsibilities of the reseller including sales targets, marketing requirements, and service standards

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

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

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

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

10. Confidentiality: Protection of confidential information and trade secrets

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

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

13. General Provisions: Standard legal clauses including notices, assignment, and governing law

Optional Sections

1. Marketing and Promotion: Detailed marketing requirements and co-branding arrangements, used when specific marketing commitments are required

2. Training Requirements: Specific training obligations and certification requirements, included when technical expertise is crucial

3. Service Level Agreement: Detailed service performance metrics and standards, used when specific service levels need to be maintained

4. Data Protection: Specific data handling and privacy requirements, included when significant personal data processing is involved

5. Insurance Requirements: Specific insurance coverage requirements, used when higher risk activities are involved

6. Minimum Purchase Requirements: Minimum order quantities or revenue targets, included for exclusive or premier reseller arrangements

7. Sub-reseller Rights: Rights and conditions for appointing sub-resellers, used when multi-tier distribution is permitted

8. Import/Export Compliance: Specific import/export requirements, included for international reseller arrangements

Suggested Schedules

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

2. Price List: Current pricing structure and reseller discounts

3. Territory Definition: Detailed description of geographical or market segment boundaries

4. Service Level Requirements: Detailed service performance metrics and response times

5. Technical Requirements: Technical specifications and certification requirements

6. Marketing Guidelines: Detailed marketing and branding requirements

7. Support Procedures: Technical support and escalation procedures

8. Reporting Templates: Standard forms for required periodic reporting

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
Agreement
Approved Sub-resellers
Business Day
Confidential Information
Customer
Documentation
Effective Date
End User License Agreement
Force Majeure Event
Initial Term
Intellectual Property Rights
License Fee
Marks
Minimum Performance Requirements
Net Sales
Products
Professional Services
Purchase Order
Renewal Term
Reseller Discount
Reseller Materials
Service Level Requirements
Services
Software
Specifications
Supplier Materials
Support Services
Territory
Term
Third Party Products
Trade Secrets
Updates
Value Added Services
Working Hours
Clauses
Appointment
Territory
Exclusivity
License Grant
Intellectual Property
Confidentiality
Data Protection
Performance Requirements
Pricing and Payment
Ordering and Delivery
Marketing and Promotion
Training and Support
Service Levels
Warranties
Limitation of Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Post-Termination
Non-Competition
Non-Solicitation
Audit Rights
Compliance
Anti-Corruption
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Waiver
Third Party Rights
Counterparts
Relevant Industries

Information Technology

Software Development

Hardware Manufacturing

Telecommunications

Industrial Equipment

Electronics

Professional Services

Cloud Services

Manufacturing

Distribution

Medical Devices

Industrial Automation

Relevant Teams

Legal

Sales

Commercial

Business Development

Channel Management

Operations

Product Management

Procurement

Compliance

Partner Relations

Distribution

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Channel Manager

Partner Manager

Business Development Manager

Legal Counsel

Contract Manager

Operations Director

Chief Technology Officer

Product Manager

Alliance Manager

Distribution Manager

Procurement Manager

Compliance Officer

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing commercial contracts in New Zealand, covering contract formation, interpretation, and enforcement.
Fair Trading Act 1986: Ensures fair trading practices and prohibits misleading and deceptive conduct in trade, which is crucial for reseller relationships.
Consumer Guarantees Act 1993: Although primarily dealing with consumer rights, this may be relevant if the reseller sells to end consumers and needs protection mechanisms in place.
Goods and Services Tax Act 1985: Governs GST obligations in commercial transactions, which is essential for pricing and tax compliance in reseller arrangements.
Privacy Act 2020: Regulates how personal information is collected, used, and disclosed, particularly relevant if customer data is shared between parties.
Copyright Act 1994: Protects intellectual property rights, particularly important for software, marketing materials, and branded content used in the reseller relationship.
Commerce Act 1986: Regulates anti-competitive behavior and restrictive trade practices, which may affect territorial restrictions and pricing arrangements.
Electronic Transactions Act 2002: Governs electronic transactions and digital signatures, relevant for online aspects of the reseller agreement.
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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