RESELLER AGREMENT
RESELLER AGREMENT
Reseller Agreement
Between: WEN INDIA (Radius Consultancy promotion Pvt Ltd) Herein after called: Partner
Address: Flat#1, Charukesi Apartment, E15, 16th Cross Street, Besantnagar, Chennai-600090
Telephone: 04424462071
Fax :04424462071
Mobile:009109380507678
USAVoIPvideophone :(301)-917-2245
email: [email protected]
Homepage: www.wenindia.com
and Reseller Name
Herein after called: Reseller
Organization xxx
Contact person xxx
Address and PINt code xxx
Telephone xxx
Fax:....................
Mobile:.......................................
E-mail: xxxx
Web Site:
Definitions:
The Software: the Software is the product of WEN and is protected by international Copyright law
Partner/Developer: is the company recognized by WEN as Partner and Distribution Center.
Reseller: is the company appointed by the partner and representing the designated territory
Territory: The Territory is the country or that part of the country described in detail Annex 1 and forms part of this contract
Commission: Reseller commission is 30%
Customer: All customers are the property of WEN, as the membership is with WEN and the Partner/Developer acts as Promotion and Sales outlet.
The Partner and the Reseller herewith agree that the Reseller will engage in selling the Software, which is a product of WEN and is protected by international Copyright Act. The Territory as well as the Conditions of Sale and Commission are part of this contract.
Start date of contract
Duration of contract: see contract conditions
Date of signing:………………………………
Reseller Agreement
1. Subject of agreement
The Supplier WEN undertakes to supply to the Partner the Software, which is intended to be sold through the Resellers to customers within the described territory, on the basis of this contract.
The Reseller undertakes to sell within the described territory the Software at the price set by the Supplier WEN.
2. Time validity of contract
This Contract is renewable at an annual base.
Unless a breach of contract has occurred or notification to terminate this contract at least one (1) month prior to expiration has been received this contract is assumed to automatically be renewed.
3.Termination:
This contract may be terminated prior to expiration in case of:
Either party becomes insolvent,
Either party defaults on the conditions of this contract,
Either party does not comply with one or more conditions of this contract
The Supplier will not unreasonable withhold the annual renewal of this contract.
Termination has to be in writing and be received by either party one (1)month prior to termination unless criminal or fraudulent activity is involved where as termination will take affect instantly.
4. Price and Payment:
The prices for the products are set by the Supplier WEN and may vary from time to time.
The Supplier may elect to reduce the price for a select period for promotional purposes. Notice of any change in price must be given by the Supplier one (1) month prior to the date of change.
The Partner/Developer is not in the position to reduce prices as per pricelist.
Each sale will be invoiced by the Supplier to the Partner, the Partner to the Reseller and the Reseller to the Customer at the appropriate price.
Each order must be paid for in advance.
5. Partner obligations
The Partner will:
a) provide the reseller a TRIAL-Version of part or all of the Software allowing the Partner access to the Software via the Internet, for a limited time for advertising purposes at no cost,
b) provide the Reseller with sample text for advertising purposes,
c) regularly provide a current pricelist for all products
d) provide necessary training and support for all offered Products
The partner will provide “software sources” for SKYCAD which are required for custom made SKYCAD software and provide a annually renewable “dongle” for each such application.
e) supply and deliver all products promptly within the arranged timeframe as agreed from time to
time
f) guarantee all goods will be free of any legal defects and Copyright Act protected
6. Reseller obligations
The Reseller will:
a) promote and sell the Software products (the subject of this contract) within the Reseller boundaries to all potential customers
c) handle inquiries and customer care
d) cover costs related to advertising, sales, etc. from his own resources.
e) assisting customers to complete registration
f) not attempt to make representation to customers or any Authority on behalf of the Supplier and Partner not claim to be an employee of the Supplier
g) register all customers with Supplier at the first possible opportunity.
The Reseller guarantees not to produce any copy either electronically or by any other means. Production and or copying of any Software offered by the Supplier is a violation of this agreement and will effect instant cancellation of this agreement with instant cancellation of any payment due plus all future payments and rights. A fine of ten (10) times the product retail value will be imposed on any violation.
Furthermore, on a case by case base, there may by additional penalties and fees in respect of Copyright laws, Trademarks, Licensing Rights and Laws and financial loss of trading.
Any violation in respect of this contract may result in the cancellation of this contract at the Supplier’s discretion and will have the full effect of local and international law
7. Reseller Agreements
The Partner may appoint Resellers within the described boundaries of the Partner.
The Supplier will not unreasonable withhold consent for any such appointment.
The Partner is fully responsible for any such appointment and the Partner undertakes a guarantee for any appointee under this agreement that the Reseller will obey the terms, rules and conditions of this contract as if the appointee signed this agreement in person.
8. Concluding agreement
This contract will be deemed effective from the day of both parties signing it.
Any changes or amendments to this contract must be in writing and agreed to by both parties, the Supplier and the Partner/Developer.
Both Parties declare that they have read the contract and duly understand the contents and that both Parties enter into this contract under their own free will and not under any duress.
9. Performance Clause
The Supplier’s management understands that there is a “leading in” period to establish a Software customer base, however it is expected that the Partner/Developer through his network of Resellers sells enough membership and Products within the first year to achieve “break even point”.
It is expected to grow membership numbers by 10% each year
10. Royalty Payment
The Supplier and Partner/Developer will get a royalty fee of 5% each, for any invoiced SkyCAD project written by a reseller for any customer.
11. Reseller Commission
Commission: 30%.
To confirm this contract and make it effective, both Parties herewith affix their signature and date.
For WEN INDIA
Signed: xxx Contact Person WEN INDIA
For Reseller:
Signed: _______________________________
Name: …………………………………….
Title:
Company: ………………………………………………………………….
Address: ……………………………………………………………………
City,
State,
Zip……………………………………………………………..
Phone: ………………………………………………………………………
Country code / area code / phone number
Fax: ………………………………………………………………………….
E-mail: ……………………………………………………………………..
Web Site:…………………………………………………………………….
Witness:……………………………….Name…………………………………..
Contact details:………………………………………………………………….
ANNEX 1
Area to to discussed and mutually agreed
ANNEX 2
Software Prices from: January 2010 until December 2010
WEN CAD 2010 version price: (new release: February 2010)
Single User Version € 698/-
5 Pack Version € 2800/-
SkyCad online drafting € 1295/-.
See website for details: www.wen.eu.com
WEN Membership Prices:
With the possibility to download all software
shown on our website: http://www.wen.eu.com/skycad-software.html
Annual single user version membership € 128/-
Annual multi user version membership € 158/-
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