Distribution & Marketing Agreements

This category of Distribution & Marketing Agreements are used to create relationships between software developers and marketing companies or consultants. In some instances, the marketing company will be a direct agent for the developer and in others it will simply be a distribution channel. Read each of the abstracts below to identify the agreement that best fits your needs.


Software Marketing Agreement
Overview

Overview: The Software Marketing Agreement provides an exclusive relationship between a software developer, or company, and a Marketing Company.  In this arrangement, the Marketing Company guarantees a minimum royalty to the software company in exchange for no competition.  The Software Marketing Agreement is based on the understanding that the software runs on a specific class of computer.  The software company, reserves the right to enter into agreements with other Marketing Companies for different classes of computers.

Who Will Use It:   The Software Marketing Agreement is typically used by a software developer or software company and a software marketing company.

Key Features: The Software Marketing Agreement defines the obligations of each party, the extent of the exclusive rights, the royalty payments and when they are paid, and a clause describing appropriate termination of the arrangement under default or for cause.

Total Page Count: 4 Pages

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Regular price: $24.95
Sale price: $19.95
Direct Marketing Agreement
Overview

Overview: The Direct Marketing Agreement is used when a software company wants to engage with a Marketing Company to create another channel to distribute its software.  Under this agreement, the marketing company is not committing to any specific effort or results.  While the marketing company can set the price, the software company retains all rights and contents in the product.  Documentation, books and other intellectual products can be administered through this agreement.  The Direct Marketing Agreement works well for "Shrink Wrap" software.

Who Will Use It:   The Direct Marketing Agreement is typically used by a software developer or software company and a software marketing company.

Key Features: The Direct Marketing Agreement defines the commitments of each party, the scope of the marketing services, the support and service obligations, how the marketing company will order the product, make payment (consignment is an option), and how maintenance fees are handled.

Total Page Count: 9 Pages

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Regular price: $44.95
Sale price: $19.95
Distribution Agreement
Overview

Overview: The Distribution Agreement provides a non-exclusive arrangement between a software company or supplier and a distributor.  The distributor must only deal with authorized dealers and is asked to report to the software company/supplier on a number of metrics regarding its activity.  A territory is defined and both parties to the agreement hold some latitude in establishing prices.

Who Will Use It:   The Distribution Agreement is typically used by a software company or supplier and an established technology distributor.

Key Features: The Distribution Agreement defines the distribution rights, the marketing obligations for the distributor, ordering procedure, how prices and discounts will be handled, and termination clauses.

Total Page Count: 11 Pages

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Regular price: $54.95
Sale price: $19.95
Dealer Agreement
Overview

Overview: The Dealer Agreement is similar to the Distributor Agreement.  It provides the dealer with a distribution agreement rather than a simple sales contract.  The dealer must meet minimum eligibility requirements that can be adjusted on a case by case basis.  In exchange for exclusivity of a territory, the dealer commit to a certain level of inventory.

Who Will Use It:   The Dealer Agreement is typically used by a software company or supplier and an established technology distributor or dealer.

Key Features: The Dealer Agreement defines the distribution rights, the marketing obligations for the distributor, qualifications to be a viable dealer, order forecasts and order procedures, and an exclusivity addendum.

Total Page Count: 11 Pages

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Regular price: $54.95
Sale price: $19.95
Distributor Agent Agreement
Overview

Overview: The Distributor Agent Agreement establishes a non-exclusive relationship between a distributor and an agent.  Instead of the agent working directly with a software company, this agreement is between these two parties in the distribution chain.  The agent's role is to seek signed license agreements which result in transferred fees and contracts to the distributor.  This is solely a sales and marketing relationship as the agent is not anticipate to provide additional services to the end-user.  The agent may also sell other software company products.  There is no minimum inventory required by the agent, but expenses are the agent's responsibility.

Who Will Use It:   The Distributor Agent Agreement is used by a software distributor (vendor) or supplier and an independent software agent.

Key Features: The Distributor Agent Agreement defines the obligations of each party, the right to establish sub-agents, payment of commissions, collection procedures, commission splits and termination clauses.

Total Page Count: 7 Pages

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Regular price: $34.95
Sale price: $19.95
Marketing Agreement for Systems Integrators
Overview

Overview: The Marketing Agreement for Systems Integrators creates a relationship with an Independent Consultant or Systems Integrator who can assist in closing business and who specializes in implementing the software.  This is an excellent agreement for software companies that have created a product of great appeal, but do not have or want to hire professional services personnel for implementation at an early stage of their growth.  The software developer protects its sales and marketing efforts, but can selectively assign opportunities to the consultant on an as needed basis for business development.

Who Will Use It:   The Marketing Agreement for Systems Integrators is typically used by a software company and an Independent Consultant or Systems Integrator.

Key Features: The Marketing Agreement for Systems Integrators defines the commitments of each party, the scope of the marketing services, the specific marketing assignments, the support and service obligations, how expenses will be covered, compensation and payment terms.

Total Page Count: 7 Pages

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Regular price: $34.95
Sale price: $19.95
Independent Agent Agreement (Defined Accounts)
Overview

Overview: This agreement is designed to assign specific accounts or markets to an Agent who will represent a software company.  In this instance, the software company may have multiple agents within the same territory, but each covering different assignments or markets.

Who Will Use It:   This agreement is typically used by a software company and a software marketing company or independent agent.

Key Features: This agreement defines the commitments of each party, the scope of the marketing services, the specific marketing assignments, the support and service obligations, how expenses will be covered, compensation and payment terms.

Total Page Count: 7 Pages

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Regular price: $39.95
Sale price: $19.95

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