Description
Gain an understanding of traditional and evolving business models for reselling and distribution relationships.Providers of products and services in software and technology industries can significantly expand their marketing and sales efforts and success by creating and relying on a network of resellers and distributors. In traditional structures, these relationships generally rely on socalled onpremises business models, where software or other technology is installed locally, on the customer’s network or other locations controlled by the customer. Traditional business models also generally assume that the provider is the driving force behind the offering, with the reseller or distributor acting simply as a link and intermediary between the provider and end users. These traditional models present a range of legal issues, which remain of central relevance to newer reselling models. Traditional models do not, however, address situations where the provider’s product or service is one of many products and services bundled into a technology ‘stack,’ and other providers, including the entity providing the bundled offering to the end user, play a more central role in the chain of relationships. Moreover, traditional models do not address situations where the provider is offering cloud services and remains responsible for hosting elements of the final offering to end users.Our panel will guide counsel through both traditional and evolving business models for reselling and distribution relationships. The panel will discuss key provisions of reseller and distributor agreements, present options as to the implementation of these key provisions, and identify the implications of counsel’s choices with respect to these options.
Date: 2023-04-25 Start Time: End Time:
Learning Objectives
Identifying Leads That Qualify for a Revenue Share or Commission to the Reseller
• Methods for Distinguishing Leads Generated via the Efforts of the Reseller vs. the Efforts of Others
The Duration of the Providers Obligations to Pay Commissions (or Other Sums) to the Reseller or Distributor for Qualifying Leads
Ownership and Treatment of End Users Upon Termination or Expiration of the Provider-Reseller/Distributor Agreement
Managing Sales Channels for the Providers Products and Services
• The Use of Exclusive and Non-Exclusive Reseller/Distributor Appointments to Optimize Market Penetration and Incentives to the Reseller/Distributor
Pricing Considerations
• Limitations on the Providers Ability to Oversee or Control End-User Pricing
• Challenges Presented by So-Called Most Favored Nation Pricing Requests From Resellers and Distributors
The Impact on the Provider of the Resellers Bundling the Providers Products or Services With Those of the Reseller, Distributor, and/or Third Parties
Whether Some or All of the Providers Terms of Service, End User License Agreement or Other Terms Will Flow Through the Reseller/Distributor to Bind End Users
• Methods to Address Potential Conflicts Between the Providers Legal Terms and the Legal Terms of Others in the Technology Stack, Particularly the End User-Facing Participants
• Support Requirements From the Provider
• Structuring Support Obligations to Channel Support Requests
• Triage These Requests
• Establish So-Called Level 1, Level 2, and Level 3 Support Structures
Training and Certification of the Reseller/Distributor With Respect to the Providers Products and Services
Branding and Private Labeling of the Providers Products and Services, With a Focus on the Key Trademark Law Element of Quality Control
Intellectual Property and Confidentiality Issues Involved in Support and Documentation Elements in the Relationship
Service Level Commitments, Particularly as to System Availability, Where the Provider Will Be Offering the Software or Other Technology via the Cloud
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
H. Harold Lee-Holland & Knight LLP, Ieuan G. Mahony – Holland & Knight LLP
