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Issue link: https://impartner.com/resources/i/1504063
This template does not constitute legal advice, nor does it substitute for legal advice. Always consult with a legal professional before entering into any agreement or contractual obligation. RESELLER AGREEMENT THIS AGREEMENT ("Agreement") is made as of this _____ day of _______, 20__, by and between ___________________________________ ("Company"), and ______________________________ ("Reseller") each of which may be referred to as a Party and together as the Parties. SECTION 1: DEFINITIONS 1.1 "Product(s)" refers to the goods, software, services, or other materials of the Company, as detailed in Exhibit B, which the Reseller is authorized to sell under this Agreement. 1.2 "Reseller Territory" refers to the geographic area or market segment, as specified in Exhibit C, where the Reseller is permitted to sell the Product(s). 1.3 "End User" refers to the final purchaser or licensee who acquires the Product(s) for their own use and not for resale, redistribution, or any other transfer of rights. SECTION 2: APPOINTMENT OF RESELLER 2.1 Appointment: Subject to the terms of this Agreement, the Company hereby appoints the Reseller, and the Reseller hereby accepts such appointment, as a non-exclusive reseller of the Product(s) in the Reseller Territory. 2.2 Restrictions: Reseller will not market, solicit orders for, or sell the Product(s) outside the Reseller Territory, or to any person Reseller knows or has reason to know intends to resell the Product(s) outside the Reseller Territory, without the prior written consent of the Company. SECTION 3: DUTIES AND OBLIGATIONS 3.1 Reseller Duties: The Reseller agrees to perform the following duties: • Reseller will comply with all pricing terms in accordance with the terms and conditions of Exhibit A of this Agreement; • Reseller will use its best efforts to promote the sale and distribution of the Product(s) and to provide adequate service to end users within the Reseller Territory; • Reseller agrees to conduct marketing activities for the Product(s) at its own expense, and in a manner that reflects positively upon the Product(s) and the reputation and goodwill of the Company; • Reseller will participate in any Product(s) training sessions as reasonably required by the Company, and will ensure that its sales staff is adequately trained and capable of advising end users about the Product(s); • Reseller will provide periodic sales forecasts and reports to the Company, as may be reasonably requested; and • Reseller will comply with all applicable laws and regulations and will not engage in any activity that could harm the reputation of the Company or the Product(s). 3.2 Company Duties: The Company agrees to perform the following duties: