VAR Reseller Agreement

What is a VAR Reseller Agreement?

A VAR (Value-Added Reseller) Reseller Agreement is a binding legal contract between a product’s manufacturer or developer and a VAR. This agreement outlines both parties’ rights, responsibilities, and obligations. 

What is a VAR?

A VAR, or Value-Added Reseller, is a company that adds features or services to an existing product and then resells it (usually to end-users) as an enhanced or complete solution.

This process typically involves taking a core product, such as software or hardware, and integrating additional features or services to create a new, more comprehensive package.

VARs operate in various industries but are most common in the technology and IT sectors. The value they add can take many forms, including, but not limited to:

• Software Customisation: Tailoring software to meet specific customer requirements.
• System Integration: Combining various IT systems and applications into a seamless, cohesive system.
• Custom Hardware Configuration: Assembling and configuring hardware to meet unique customer needs.
• Consulting Services: Providing expert advice and support to optimise product use.
• Training and Support: Offering training and ongoing support to ensure customers can effectively use the product.

The role of a Value-Added Reseller (VAR)

A VAR is a company or business specialising in buying products or services, often in the IT and technology sectors, to add value before reselling them as a comprehensive package.

This added value may come from integrating various products from different suppliers or incorporating additional services like consulting, customisation, support, or training.

What is a Value-Added Product?

The heart of the VAR agreement lies in the value-added product, which is essentially any product or service enhanced by the VAR. These enhancements enable the VAR to sell the product at a higher profit margin. The agreement addresses critical elements like copyrights and licensing related to these products.

Key components of a VAR Reseller Agreement

1. Product or Service Description: It’s crucial to outline a detailed description of the products or services the VAR intends to enhance. This can include a summary within the agreement or an attached detailed product description.
2. Exclusivity or Non-Exclusivity: This clause determines whether the VAR has exclusive rights to work on and resell the product in a particular market or region. While most non-exclusive agreements may grant exclusivity in specific industries or fields.
3. Product Pricing: The agreement should specify the pricing for each product or service that the VAR will purchase. It may also be noted that prices are subject to change, with the necessary notice period for any alterations clearly stated.
4. Licensing: A Software License Agreement is vital to define the terms of software use and customisation when the VAR adds new features. The manufacturer must grant a license to the VAR for this purpose, including any necessary terms on sub-licensing.
5. Confidentiality: Provisions regarding handling confidential information about the product are essential. For detailed guidelines on protecting such information, a Non-Disclosure Agreement template can be invaluable.
6. Term and Termination: The agreement’s duration, its effective date, and conditions under which it may be terminated should be clearly defined.
7. Governing Law: This clause specifies the legal jurisdiction and laws governing the agreement, providing a framework for resolving disputes.
8. Marketing Strategies: Both parties should agree on the marketing approach for the enhanced product, including profit sharing, sales organisation, and the involvement of third parties or consultants.

Enhancing your VAR legal framework

To strengthen the legal foundation of your VAR operations, consider exploring these additional resources:

• Intellectual Property Assignment: Refer to the Assignment of Intellectual Property Rights template for transferring IP rights.
• Collaboration Agreements: A Business Collaboration Agreement can further define the partnership between a VAR and other entities.
• Distribution Strategies: For broader distribution without additional services, a Distribution Agreement outlines the terms and conditions.
• Software as a Service (SaaS) Models: A SaaS Agreement is crucial for VARs dealing in software distribution and service provision.
• Data Protection: To ensure compliance with data privacy laws, utilise a Privacy Policy Template.

Zergal VAR agreement template

VAR Reseller Agreements are fundamental in establishing a clear and mutually beneficial relationship between manufacturers or developers and VARs. By detailing the product or service enhancements, marketing strategies, pricing, and legal protections, these agreements lay the groundwork for successful partnerships in the resale market. 

Create one now with a Zegal legal template.

Create Now

About Author

Daniel Walker

Daniel Walker is the Founder and Chief Executive Officer of Zegal, the trusted legaltech firm. Prior to founding Zegal, Daniel practised at DLA Piper, Stephenson Harwood and Clyde & Co, in Hong Kong, Singapore, and the UK.

Stay compliant with the Zegal template library

Zegal legal template are meticulously crafted with the precision of AI and the expertise of seasoned human lawyers, providing a unique blend of speed and reliability.

You can trust that Zegal agreements are legally sound and fully compliant with current regulations.

Whether you're a startup, SME, or a larger enterprise, Zegal contract management will automate and speed up your legal processes.

Using Zegal will reduce risk, save money, and improve efficiency. Let us take care of the paperwork so you can focus on running your business.

Don’t compromise on speed or compliance. Stay secure, compliant, and efficient with Zegal.