Contracts
SaaS Reseller Agreement
North Carolina
Can a SaaS reseller agreement be terminated by the software provider without cause?
Can a SaaS reseller agreement be terminated by the software provider without cause? I am a software reseller who has entered into a reseller agreement with a SaaS provider. The agreement does not specify any termination clauses or conditions, but it also does not explicitly state that the software provider can terminate the agreement without cause. Recently, the software provider informed me that they will be terminating the agreement without providing any specific reason. I am concerned about the potential impact on my business and want to understand if the software provider has the legal right to terminate the agreement without cause, and if so, what my options are moving forward.
Answers from 1 Lawyer
Answer
Contracts
North Carolina
Jeff G.
ContractsCounsel verified
Hi. The answer is entirely dependent on the agreement’s language. Without seeing the contract, it’s impossible to give you a complete answer. Generally, an agreement can only be terminated by it’s own conditions, and absent a specific termination clause, it can usually be terminated either due to a breach of the agreement or by suing for breach and asking for termination as the result (so-called “equitable relief”). But with a reseller agreement, there are lots of new variables, as you’re not a user of the product… questions about to who and when you can resell., specific product versions, support provisions, etc. And there’s also a general prohibition against contracts of servitude, requiring an indefinite provision of personal services (which a SaaS contract could be argued to be). So again, the contract language is critical.
1123 projects on CC
People Also Asked
Representations and Warranties
SaaS Reseller Agreement
Texas
Is it necessary to have a non-compete clause in a SaaS Reseller Agreement?
I am in the process of negotiating a SaaS Reseller Agreement with a software company, and I am unsure whether it is necessary to include a non-compete clause in the agreement. As a reseller, I will be selling the software to clients and potentially competing with other resellers, but I want to ensure that my interests are protected and that I am not restricted from working with other software companies in the future. I would like to understand the potential benefits and drawbacks of including a non-compete clause in this agreement, and whether it is common practice in the SaaS industry.
Darryl S.
No - this is not at all a required clause in a SaaS reseller agreement and in fact is likely to cause some confusion if not carefully drafted. The other resellers already compete with you and you will sell other software, sometimes that competes with the provider. Please review this clause carefully if it is included.
Read 1 attorney answer>SaaS
SaaS Reseller Agreement
California
Can you explain the key provisions that should be included in a SaaS Reseller Agreement?
I am currently in the process of negotiating a SaaS Reseller Agreement with a software company to resell their cloud-based software to my clients. I have some experience in reselling software, but I am not familiar with the specific provisions that should be included in this type of agreement. I want to ensure that the agreement protects my interests as a reseller and clearly outlines the rights and responsibilities of both parties, such as pricing, payment terms, intellectual property rights, termination, and liability. I would appreciate your guidance on the key provisions that should be included in a SaaS Reseller Agreement to ensure a fair and mutually beneficial relationship with the software company.
Dolan W.
Hello! There are four main things I look for in creating the agreement: 1. The agreement should state the reseller's rights to market, sell, and distribute the software, including any limitations like geographic restrictions or specific customer segments they cannot target. It must also detail the licensing model for end customers, outlining subscription terms, usage rights, and any limitations on the number of users or features. 2. It should also contain a very comprehensive pricing structure for the reseller, including details on wholesale discounts, volume-based pricing, or tiered pricing models. Payment terms, including schedules, accepted methods, and any penalties for late payments, must be clearly defined. If a revenue-sharing or commission model is in place, the agreement should outline how revenue will be divided between the provider and reseller, specifying commission percentages or revenue splits. 3. Also, the agreement should clearly outline the responsibilities of both the reseller and the provider. This includes detailing the reseller's duties in sales and marketing, customer support, and technical assistance. 4. Finally, CLEAR ownership of customer data collected through the software is super important, including usage data and personal information. Happy trails!
Read 1 attorney answer>Contracts
LLC Operating Agreement
North Carolina
I have a established LLC need to setup operating agreement - what is estimate cost ?
I have a established LLC need to setup operating agreement - what is estimate cost ?
Cindy A.
It depends on the industry and complexity of the purpose of the agreement.
Read 1 attorney answer>Contracts
Non-Competition Agreement
North Carolina
Can you review 2 Non compete agreements to ensure I’m not in violation
I found a noncompete agreement with a prior employer. The potential employer wants to hire me and is asking me to sign another noncompete. I need someone to look over both agreements to ensure I’m not in violation
Contracts
Agreement And Release
North Carolina
We signed a contract with a travel baseball team and in the middle of a game the coach lost it and started cussing in front of my son. Is that a breach of contract?
This is what we initialed. NCBA Team Players will carry themselves and conduct themselves with the highest degree of integrity and class. We expect to set the standard for sportsmanship, respect of the game, respect of our opponents, respect for the umpires and everyone that allows us to play this great game. Our appearance will be professional and our manners will reflect our character. Language not conducive to these standards will not be tolerated. These simple rules allow you to represent your family name, the game of baseball and the NCBA at all times with class on and off the field of play
Richard G.
That clause addresses the NCBA Team Players' conduct. I would need to see the entire agreement to know what the coach's obligations are, if any.
Read 1 attorney answer>
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewAsk a Question
North Carolina Contracts lawyers by city
- Cary Contracts Lawyers
- Charlotte Contracts Lawyers
- Concord Contracts Lawyers
- Durham Contracts Lawyers
- Fayetteville Contracts Lawyers
- Greensboro Contracts Lawyers
- High Point Contracts Lawyers
- Raleigh Contracts Lawyers
- Wilmington Contracts Lawyers
- Winston-Salem Contracts Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review