The Reseller Partnership Agreement is essential for businesses looking to expand their distribution network through indirect sales channels in Austria and potentially other EU markets. This document is typically used when a supplier wishes to appoint a reseller to market and sell their products without creating an employment or agency relationship. The agreement must comply with Austrian commercial law (UGB), EU competition law, and other relevant regulations. It covers crucial aspects such as territory rights, pricing structures, minimum purchase requirements, intellectual property protection, and compliance obligations. The document is particularly important for international companies entering the Austrian market through local distributors, as it needs to balance commercial flexibility with regulatory compliance, including GDPR requirements and competition law considerations.
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1. Parties: Identification and details of the supplier/manufacturer and reseller
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Territory: Scope of reseller appointment and defined geographical territory
5. Rights and Obligations of the Reseller: Core responsibilities, sales targets, and operational requirements for the reseller
6. Rights and Obligations of the Supplier: Supplier's commitments regarding product supply, support, and training
7. Ordering Process and Delivery: Procedures for ordering, delivery timeframes, and logistics
8. Prices and Payment Terms: Pricing structure, payment conditions, and invoicing procedures
9. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration, renewal, and termination provisions
13. Post-Termination Obligations: Parties' obligations after agreement termination
14. Liability and Indemnification: Limitation of liability and indemnification provisions
15. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Marketing and Promotion: Specific requirements for marketing activities and brand promotion, include when reseller has marketing responsibilities
2. Training Requirements: Detailed training obligations and certification requirements, include for technical products
3. Minimum Purchase Requirements: Specific purchase quotas or targets, include when volume commitments are required
4. After-Sales Service: Service and support requirements, include for products requiring technical support
5. Insurance Requirements: Specific insurance coverage obligations, include for high-value products or services
6. Non-Compete Provisions: Restrictions on competing activities, include when exclusivity is important
7. E-commerce Provisions: Online sales requirements and restrictions, include for digital distribution
8. Export Control: Export compliance requirements, include for international distribution
9. Quality Control: Quality assurance requirements, include for regulated products or luxury goods
10. Warranty Handling: Warranty processing procedures, include for products with specific warranty requirements
1. Product List and Pricing Schedule: Detailed list of products and corresponding pricing structure
2. Territory Description: Detailed description of authorized sales territory including any exclusions
3. Service Level Agreement: Performance metrics and service standards
4. Technical Requirements: Technical specifications and compliance requirements
5. Brand Guidelines: Guidelines for use of trademarks, logos, and marketing materials
6. Commission Structure: Detailed breakdown of commission rates and calculation methods
7. Reporting Templates: Standard forms for sales reporting and performance tracking
8. Return and Warranty Procedures: Detailed procedures for handling returns and warranty claims
9. Training Program Overview: Description of required training programs and certification processes
10. Compliance Requirements: Detailed compliance requirements including anti-corruption and data protection
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Consumer Goods
Industrial Equipment
Electronics
Automotive
Healthcare and Medical Devices
Telecommunications
Construction Materials
Fashion and Luxury Goods
Food and Beverage
Professional Services
Manufacturing
Retail
Relevant Teams
Legal
Sales
Commercial
Business Development
Partner Relations
Operations
Compliance
Finance
Procurement
Account Management
Distribution
Contract Management
Relevant Roles
Sales Director
Commercial Director
Business Development Manager
Channel Manager
Partner Relations Manager
Legal Counsel
Contracts Manager
Chief Commercial Officer
Operations Director
Distribution Manager
Compliance Officer
Chief Executive Officer
Procurement Manager
Account Manager
Sales Operations Manager
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