A reseller agreement is a contract between a manufacturer and a reseller, which outlines the terms and conditions for the reseller to sell the products of the manufacturer. This agreement is crucial for maintaining a profitable and successful business relationship between the two parties.
In Germany, a reseller agreement is known as a “Wiederverkäufervertrag.” It is a legal document that protects the interests of both the manufacturer and the reseller. The terms and conditions of this agreement typically include the following:
1. Product description: The agreement should clearly mention the description of the products that the reseller is authorized to sell. This includes the type of goods, quality standards, and any specific conditions related to the products.
2. Territory: The agreement should specify the territory in which the reseller is authorized to sell the products. This can be a specific region, state, or country.
3. Sales targets: The agreement should outline the minimum sales targets that the reseller is required to meet. This helps to ensure that the reseller is actively promoting and selling the products of the manufacturer.
4. Pricing: The agreement should specify the prices at which the manufacturer is selling the products to the reseller and the reseller`s pricing strategy. This includes any discounts, promotions, or sales that the reseller may offer.
5. Payment terms: The agreement should outline the payment terms between the two parties. This includes the payment schedule, methods of payment, and any fees or penalties for late payments.
6. Intellectual property rights: The agreement should protect the intellectual property rights of the manufacturer by ensuring that the reseller does not use their trademarks, logos, or other copyrighted materials without permission.
7. Termination: The agreement should include a termination clause that outlines the conditions under which either party can terminate the agreement. This includes breach of contract, non-performance, or any other material violation.
In conclusion, a reseller agreement is crucial for maintaining a profitable and successful business relationship between the manufacturer and the reseller. This document protects the interests of both parties and provides a clear framework for the sale and distribution of products. As a reseller or manufacturer, it is important to ensure that this agreement is well-drafted, legally binding, and covers all the relevant terms and conditions related to the sale and distribution of products.