A SaaS reseller agreement is a legal document that outlines the terms and conditions under which a SaaS reseller (you) will market and sell a SaaS provider’s products or services to their customers. This agreement is crucial for establishing a clear and mutually beneficial business relationship between the two parties.
Key Components of a SaaS Reseller Agreement:
1. Parties to the Agreement
Clearly identify the parties involved: The SaaS provider and the SaaS reseller.
Provide contact information: Include names, addresses, and other relevant details.
2. Definitions
Define key terms: Such as “SaaS,” “Reseller,” “Product,” “Services,” “Territory,” “Customer,” “Reseller Fees,” “SaaS Provider Fees,” and “Commission.”
Use clear and concise language: Avoid ambiguity and ensure that both parties have a shared understanding of the terms.
3. Grant of Reseller Rights
Outline the reseller’s rights: Specify the products or services that the reseller is authorized to sell.
Define the territory: Specify the geographic area where the reseller can operate.
Grant of sub-reseller rights: If applicable, determine whether the reseller can appoint sub-resellers.
4. Reseller Obligations
Outline the reseller’s responsibilities: These may include marketing, sales, customer support, and compliance with applicable laws.
Specify performance metrics: Define the criteria for evaluating the reseller’s performance, such as sales targets or customer satisfaction ratings.
5. SaaS Provider Obligations
Outline the SaaS provider’s responsibilities: These may include providing the products or services, ensuring their quality, and offering technical support.
Specify service level agreements: Establish the standards for service delivery and response times.
6. Pricing and Payment
Determine pricing terms: Specify the pricing structure, including base fees, commissions, and any additional charges.
Establish payment terms: Outline the payment schedule and methods.
Protect intellectual property rights: Clearly allocate ownership of intellectual property rights, such as trademarks, copyrights, and patents.
Grant of licenses: If necessary, grant licenses to the reseller for the use of the SaaS provider’s intellectual property.
8. Confidentiality
Protect confidential information: Require both parties to maintain the confidentiality of each other’s proprietary information.
Define exceptions: Specify any exceptions to the confidentiality obligation, such as information that is publicly known or required to be disclosed by law.
9. Term and Termination
Specify the term of the agreement: Determine the duration of the agreement, whether it is for a fixed term or indefinite.
Outline termination provisions: Specify the grounds for termination and the procedures to be followed.
10. Dispute Resolution
Establish a dispute resolution mechanism: Choose a method for resolving disputes, such as mediation, arbitration, or litigation.
Specify governing law: Indicate the applicable law that will govern the agreement.
Design Elements for a Professional SaaS Reseller Agreement:
Use a professional font: Opt for a clean and legible font, such as Arial or Times New Roman.
Maintain consistent formatting: Use headings, subheadings, and bullet points to improve readability.
Include page numbers: This helps with referencing and organization.
Use clear and concise language: Avoid legal jargon and write in a way that is easy to understand.
Proofread carefully: Ensure that there are no errors in grammar, spelling, or punctuation.
By carefully crafting a SaaS reseller agreement that addresses these key components and incorporates professional design elements, you can establish a solid foundation for a successful business partnership with the SaaS provider.