What type of agreement for a software sales rep who handles software installations?

I need an agreement for this but not sure what type of agreement for this.
I have an independent sales agent who want to market our software and provide installation and first level customer support. He wants to invoice us for commission and present our license agreement to customers and we should collect from the customer. So is this an agent agreement not sure how to handle this..Advice?

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asked Feb 16 '11 at 06:34

Stacey
484 points

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4 Answers

I have a question related to this. I am a business solutions consultant. What agreement do I need? VAR, independent contractor agreement, sales rep agreement

I have identified both the client and the software vendor. I intend to have the client pay the vendor directly and the vendor will pay me a fee that reflects my markup on the software and for other services I provide. The software has monthly user fees that will be charged directly to the customer and for which I am not compensated.

answered Oct 8 '12 at 05:01

Keith
11 points

You want a VAR agreement: Value Added Reseller.

See the "consignment sales " section at nolo.com.

answered Feb 16 '11 at 09:26

Michael Pryor
2,250 points

If I were preparing this type of agreement for a client, I would recommend an independent contractor agreement, recognizing that at least three different types of services (sales, installation, support) - with their respective compensation schemes and other rights and obligations - must be specified.

Disclaimer: This information does not constitute legal advice and does not establish an attorney-client relationship.

answered Feb 16 '11 at 07:37

Dana Shultz
6,015 points

I see your comment but he is my confusion. The sales partner I want to sign with wants to sell my software and install it himself or via his team of contractors and he wants to get paid commissions on the software (we bill client) and he wants to invoice me for the services of installing it so I can chargeback customer. So should we have a software distribution agreement or Independent sales agent agreement with rights to install software? – Stacey 14 years ago

Frankly I think that deal sucks. He should either be an employee/contractor, or a reseller/VAR. The deal he proposes sounds sort of messy.

answered Apr 17 '11 at 10:13

Brian Karas
3,407 points