A reseller agreement is a contract between two parties where, on certain terms and conditions, one party agrees to sell, market, distribute or lease a product on the other party’s behalf. The agreement sets out these terms and conditions of the resale. A reseller agreement generally also establishes that the product manufacturer retains the rights to his or her intellectual property.
Reseller agreements should include the following:
- Statement of the exclusivity or non-exclusivity of the agreement
- Description of the sales targets
- Description of the conditions for returns
- Description of the specific products the “reseller” will be selling, distributing, or leasing
- Description of how those products are to be marketed
- Statement of the geographic area in which the party is authorized to resell the products
- Statement of the authorized time in which the party may resell the products
- Description of conditions for termination of the contract, whether by both parties or one party
Reseller agreements are critical to the development of the relationship between the reseller/distributor and supplier/manufacturer. A well-written reseller agreement helps to establish a relationship built upon trust, fairness, and mutual benefit. Contact our Charleston business lawyer to assist in the drafting of a reseller agreement in order to to minimize the risk of disagreements between parties and costs involved with resolving the disagreements. We ensure our clients’ interests are well protected and that the agreement harnesses a strong relationship between the parties involved in the reseller agreement.