Idaho Non-Exclusive Software Reseller Agreement

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                             This Non-Exclusive Software Reseller Agreement is used by a company engaged in
                             developing software products to grant a non-exclusive, non-transferable and non-
                             assignable license to a reseller for the purposes of marketing, promoting and reselling its
                             software products. This document contains the material terms and conditions governing the
                             relationship between the company and reseller such as provisions regarding licensing,
                             commission, duties of the reseller, confidentiality and independent contractor status. This
                             agreement should be used by software developers located in Idaho when engaging the
                             services of a reseller.
             ®




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              NON-EXCLUSIVE SALES REPRESENTATIVE AGREEMENT

THIS NON-EXCLUSIVE SALES REPRESENTATIVE AGREEMENT (hereinafter
“Agreement”) is effective as of _____ [Month] _____ [Date], 20_____, by and between
________________________ [Instruction: Insert the name of company/entity], a
________________________ [Instruction: Insert the type of entity] having its principal place
of business at ________________________ [Instruction: Insert the address of company]
(hereinafter “Company”) and ________________________ [Instruction: Insert the name of
sales         representative]         with      its      principal         office         at
_______________________________________________[Instruction: Insert address of sales
representative] (hereinafter “Representative”).

WHEREAS, Company is engaged in developing, marketing and sale of certain materials,
products and/or services;

WHEREAS, Representative wishes to sell materials, products and/or services developed by the
Company in exchange for a commission and other forms of compensation;

WHEREAS, Company desires to appoint Representative and Representative agrees to act for
the Company as its non-exclusive sales Representative;

NOW THEREFORE, each of Company and Representative wish to enter into this Agreement
on the terms and conditions set forth below:

1. REPRESENTATIVE AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

a.   To represent and sell only those materials, products and/or services, developed by
     Company, in the geographic area as specified in Exhibit A hereunder;

b.   To accurately represent and disclose Company policies to all potential and present clients of
     Company;

c.   To promptly communicate to Company receipt of any orders placed by the clients with
     Representative;

d.   To notify the sales manager of the geographic area of any and all issues concerning
     Company’s clients within the said geographic area;

e.   To contact Company via telephone or electronic mails with reasonable frequency to discuss
     sales activity within the geographic area;

f.   To make no representations, warranties or commitments binding Company without
     Company's prior consent. Representative will execute no agreement on behalf of Company;

g.   Representative shall indemnify and hold Company harmless of and from any and all claims
     or liability arising as a result of negligent, intentional or other acts of Representative or his
     agent or representatives.



© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                   2
h.        To give Company __________ (__) [thirty (30)] days notice should Representative desire
          to terminate this Agreement and to promptly return all sales materials, products and/or
          services, literature and samples provided by Company to Representative.

2. COMPANY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

a. To pay commission to Representative in the following manner:

     i.     ________________ % of all prepaid sales; and

 ii.        ________________ % of all credit sales; [Instruction: Insert the commission to be
            paid to Representative]

            provided that, commissions paid on refunds to clients shall be deducted from future
            commissions to be paid to Representative by Company;

b. To provide Representative with reasonable quantities of business cards, brochures, catalogs,
   marketing literature and any product samples required for sales purposes;

c. To set minimum quotas after consultation with Representative;

d. Company shall indemnify and hold Representative harmless of and from any and all liability
   attributable solely to the negligent, intentional or other acts of Company, its employees,
   agents or representatives;

e. To give Representative __________ (__) [◊ thirty (30)] days notice should Company wish to
   terminate this Agreement;

f. To pay commissions to Representative due on sales from clients procured by Representative
   for a period of __________ (__) [◊ six (6)] months even after this Agreement is terminated
   by either party.

GENERAL TERMS AND CONDITIONS FOR BOTH PARTIES:

a. Notices shall be sent to the following address:



       For Company:                     _____________________________________

                                        _____________________________________

                                        _____________________________________

          
				
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Description: This Non-Exclusive Software Reseller Agreement is used by a company engaged in developing software products to grant a non-exclusive, non-transferable and non-assignable license to a reseller for the purposes of marketing, promoting and reselling its software products. This document contains the material terms and conditions governing the relationship between the company and reseller such as provisions regarding licensing, commission, duties of the reseller, confidentiality and independent contractor status. This agreement should be used by software developers located in Idaho when engaging the services of a reseller.
This document is also part of a package Essential Idaho Legal Documents 145 Documents Included