Parties

• Publisher
• Rep (agent)

When To Use

For use by Publisher with the appointment of marketing "reps" (agents) as intermediaries who are paid commissions on sales.

In an agency relationship, the "seller" is the Publisher and the "purchaser" is the end-user; the agent merely procures the "sale" on behalf of the Publisher. Consequently, the customer agreement runs between the Publisher and the end-user, and the pricing is determined by the Publisher.

Software publishers often desire maximum control over intermediaries and control of pricing, and for these reasons, the agent or "rep" agreement is favored over the distributor or reseller-type agreement.

For transactions in which the intermediary is granted the right to contract directly in its own name and to grant sublicenses, see our Software Reseller Agreement.

"Intelligent" Document Assembly Does Work For You

This is not a static downloadable form -- my embedded logic selects, orders, arranges, and formats my carefully worded clauses from the ContractMaker database and "intelligently" assembles your document -- you're empowered to create a near-custom agreement with 1000's of meaningful variations.

Features And Options

• The keys to establishing a successful agency relationship are to clearly and concisely set out the rights and limitations of the Agent while providing for Agent's commission in terms of clearly defined commissionable revenues -- this agreement is strong in both areas
• Publisher's contract form is used with the end-user
• Defined territory
• Options for non-exclusive or exclusive rights
• Exclusive dealing option (requiring Agent not to deal in competitive Products)
• Flexible training options
• Provisions for Publisher to regulate commission splits and to safeguard Publisher from being liable to pay more than one commission per sale among competing agents
• Optional right of set-off
• Bonus commission option
• Option for dispute resolution by arbitration

Unlimited Drafting Benefit

One of the great benefits of our ContractMaker service is that if you're not sure how to structure your transaction, or if you want to develop "fall back" positions for negotiation purposes, you may draft alternate variations of this document at no extra charge to assist you in developing your strategies.