What is the difference between a reseller and distributor agreement?


1

I have a new partner that would like to resell our software under a white label or co-brand arrangement. They will also be handling some IT services surround the product but they will not be configuring the software at all. What do you recommend as an agreement?

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asked Oct 15 '10 at 03:21
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Stacey
484 points

1 Answer


1

Stacey -

You asked two related questions (the other being at http://dana.sh/bXf7xd ) in fairly quick succession.

First, I would not get too hung up on the title of the agreement. It is far more important to ensure that the agreement properly addresses the sorts of issues that Daniel raised.

Second, if you are asking about types of agreements because you want to find someone else's agreement with the right title online and use it, I urge extreme caution. You are going into a set of relationships (among your company, the other company, their government and private-sector customers, etc.) that require a sophisticated analysis from both the business and legal perspectives. If you treat this as a do-it-yourself project, you are likely to make significant errors. (For a brief, real-life story in this vein, please see "Using Someone Else’s Agreement Might Be a Mistake ".) You should retain legal counsel to help you.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

answered Oct 15 '10 at 11:42
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Dana Shultz
6,015 points

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