Here is the Free Distribution Agreement Template for Software and/or Multimedia to help you prepare your Distribution Agreement effectively. Moreover, you can also check out these Joint Venture Agreement Templates.
When a company or an individual plans to develop software, it is most likely that they will hire some third party to distribute and sell this software. In this process, it is possible that both parties, i.e. owner/developer and distributor, agree to some mutual terms. If someone violates its conditions. This could lead to an unpleasant situation or a serious legal conflict. To make sure that each party understands what their responsibilities are. And what they are obligated to do for the other partner. They create and sign a legal contract, which is known as the distribution agreement for software and/or multimedia.
Brief Description of Distribution Agreement for Software and/or Multimedia:
Most of the time, when companies and most individuals create a software program, they don’t distribute it or sell it by themselves but they hire outside distributors for this job. Those distributors are responsible for selling, marketing, advertising, servicing, and providing maintenance services for the software with warranty claims. This way, the software developer frees himself from the additional responsibilities of handling difficult distribution duties and dealing with the customers. Two situations happen in this process; first in which the distributors approach the software developer and ask him to distribute the software program with keeping a certain percentage of the profit as the distribution fee or compensation for their services where on the other hand, most of the time, software program developers approach the distributors on their own and offer them to distribute the software either locally or worldwide.
In return, the developer offers a certain percentage of the profit on each sale of the software unit for the distributor. To keep things straight and without any misunderstanding and conflicts, both the developer and distributor sign a legal agreement in which the responsibilities, duties, rights, obligations, and limitations of each partner are described by mutual consideration. With this agreement, the developer secures the right and ownership of his software program, whereas the distributor secures his compensation with the sale of the software.
Key Elements to add to the Distribution Agreement for Software and/or Multimedia:
- Name of the client/owner/manufacturer of the software program
- Name and business information of the distributor(s) of the software
- Details of the software program
- Specifications to disclose about the software in the distribution
- Jurisdictions of distribution of the software
- Ownership of intellectual property of the software
- Copyrights about the illegal distribution, selling, and reproduction of the software
- Compensation for the distributor in exchange for his services with payment schedules
- Legal rights, responsibilities, obligations, and limitations of each party
- Terms and conditions of the agreement
- Mutually agreed clauses of the agreement
- Termination of the agreement
- Results of violation of the agreement
- Validation and limitations of the agreement
- Signature of both parties i.e. owner and distributor of the software
Free Distribution Agreement Templates for Software and/or Multimedia
Download the Free Distribution Agreement Template for Software and/or Multimedia that can easily help you to prepare your Distribution Agreement effectively.