If you deliver your goods to a dealer, you should check to see if you have restrictions on where the dealer can sell your products. For example, if you have your own shop in the Brisbane CBD that sells your goods, it may be detrimental to allow another store nearby to resell the same goods. (iv) Does the dealer or licensee have direct obligations to support the end customer? Negotiating a tripartite contract can lead to more errors, loopholes and ambiguities, not to mention the fact that they are more expensive to design. If a customer needs the dealer`s services, it can be addressed in a separate contract between the customer and the dealer. The customer will probably prefer the tripartite contract, since he can try to impose joint and several liability on the seller and the dealer in the event of a dispute. We strongly advise you to get the help of our team of experienced business lawyers when developing or entering into a dealer agreement, as we will be able to guide you through the agreement and help you make changes that meet the needs of your business. In some cases, such as Software as a Service (SaaS), resellers are compensated by commissions. Here, you have to pay close attention to the percentage of the commissions mentioned, because you will receive part of the price paid by the end user to the company. Although software resellers and salespeople are often used interchangeably, they are very different from a legal point of view.
However, the boundaries between these different roles are often blurred. In addition to supporting business partnerships, software reseller agreements can also help avoid a variety of problems. These problems can arise from simple problems such as. B: If third parties mistakenly believe that the reseller is a representative or collaborator of the publisher, the deeds and agreements signed by the dealer could be considered binding on the publisher itself. To avoid this, the publisher should ensure that the dealer does not present himself as a collaborator of the publisher.