Web SaaS Reseller Agreement (Virtual Desktop-Executed)

Parties

• Licensor
• Licensee

When To Use

For use where Licensor grants to Licensee (Reseller) rights to market and distribute Licensor's Web Services (SaaS) originating from Licensor's server through a sub domain to be provided by Licensor.

Licensee's end-users access Licensor’s server through Licensor’s sub domain name using Licensor’s proprietary client software. Licensor’s server is partitioned for use by Licensee.

A key point is that with this SaaS reseller agreement (Software as a service reseller agreement), the Web Services are being resold by the SaaS Reseller (not the software that generates the SaaS, Software as a Service, or Web Services). This is not a distribution or reseller agreement where software or content is physically delivered to the Licensee’s site for incorporation and distribution through digital downloads.

One of the key issues in any SaaS reseller agreement (Software as a service reseller agreement) in a Web distribution model is which site will be the location of the licensed materials (the licensed materials may be resident on the Licensor’s web server or the Licensee’s web server). In this agreement, the software/content remains on the Licensor’s web server.

Parties to this SaaS reseller agreement: Licensor and Licensee (Reseller). Licensor is the party with the right to license access rights to Licensor’s Web Services (SaaS) originating from Licensor’s partitioned server; Licensor licenses access rights to the Licensee (Reseller) for purposes of distribution of Web Services by Licensee (Reseller).

Our flexible database of contract clauses makes it easy to draft multiple versions for use as a SaaS reseller contract sample, Software as a service reseller agreement template, or Software as a service reseller contract sample for use with your marketing activities.

"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 database and "intelligently" assembles your document -- you're empowered to create a near-custom agreement with 1000's of meaningful variations.

Features And Options

• Reseller-type agreement (where Licensee is authorized to distribute only to users)
• Licensor retains ownership of intellectual property rights in the Web Services and content, and the Licensor Linked Page(s) on Licensor's website
• Non-exclusive or exclusive license
• Branding options are Licensee's "private label" branding only, or co-branding
• Specified email campaigns by Licensee
• Options for no royalty, or royalties in the form of lump sum, per use (1-tier and 2-tier), and percentage of advertising revenues, including advance royalty and guaranteed minimum royalty options
• Option for dispute resolution by arbitration
• Website security provisions
• Option for Service Level Agreement
• New Provisions for FTC Regs going into effect on 12-01-2009

Unlimited Drafting Benefit

One of the great benefits of our online contract drafting 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.

If you have any questions, contact me.