The Reseller Partnership Agreement is a crucial commercial document used when a company (supplier) wishes to expand its distribution network in Malaysia through appointed resellers. This agreement type is essential for businesses operating under Malaysian jurisdiction, requiring careful consideration of local commercial laws, including the Contracts Act 1950, Competition Act 2010, and relevant sector-specific regulations. The document comprehensively covers the appointment of resellers, territory definitions, pricing structures, performance requirements, brand usage rights, and compliance obligations. It's particularly important in the Malaysian market where distribution relationships often involve complex multi-cultural business practices and specific local regulatory requirements. The agreement serves as the primary reference point for managing the supplier-reseller relationship, ensuring clear understanding of rights, obligations, and operational parameters while providing adequate protection for both parties' interests.
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1. Parties: Identifies and provides full legal details of the supplier and reseller entities
2. Background: Provides context for the agreement and outlines the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Establishes the reseller's appointment, nature of relationship, and designated territory
5. Rights and Obligations: Details the fundamental rights and obligations of both parties
6. Orders and Delivery: Specifies the process for ordering products and delivery terms
7. Prices and Payment: Outlines pricing structure, payment terms, and related financial conditions
8. Intellectual Property Rights: Covers usage rights and restrictions regarding trademarks, logos, and other IP
9. Marketing and Promotion: Sets requirements for marketing activities and brand representation
10. Warranty and Support: Details product warranty terms and support obligations
11. Confidentiality: Establishes confidentiality obligations and information handling requirements
12. Term and Termination: Specifies agreement duration and termination conditions
13. Post-Termination: Outlines obligations and rights after agreement termination
14. General Provisions: Includes standard legal provisions like notices, assignment, and governing law
1. Minimum Purchase Requirements: Include when specific sales targets or minimum order quantities are required
2. Training and Certification: Include when reseller must maintain certain technical or sales certifications
3. Insurance Requirements: Include when specific insurance coverage is mandatory for the reseller
4. Data Protection: Include when significant customer data handling is involved
5. Export Control: Include when products are subject to export regulations
6. Non-Compete: Include when restricting reseller from selling competing products
7. Service Level Requirements: Include when specific service standards must be maintained
8. Stock Requirements: Include when reseller must maintain minimum inventory levels
9. Audit Rights: Include when supplier requires right to audit reseller's operations
1. Product List: Detailed list of products covered by the agreement with specifications
2. Price List: Comprehensive pricing structure including discounts and payment terms
3. Territory Map: Detailed definition of geographical territory with any exclusions
4. Service Level Agreement: Detailed service standards and performance metrics
5. Marketing Guidelines: Specific requirements for brand usage and marketing activities
6. Technical Requirements: Technical specifications and compliance requirements
7. Reporting Templates: Standard formats for required periodic reports
8. Training Requirements: Detailed training and certification requirements
9. Commission Structure: Detailed breakdown of commission calculations if applicable
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