What is a reseller agreement?
It is a contract that allows another business to sell an Australian company's product or service, setting out pricing, territory, marketing rights, and obligations.
Business & Startups
Reseller Agreement
Generate a reseller agreement covering pricing, territory and obligations for Australian resellers and distributors, aligned with the Competition and Consumer Act 2010.
- Create a reseller agreement for a software product
Create a reseller agreement between [Vendor Name] (ABN [ABN Number]) and [Reseller Name] to resell [Product Name], covering pricing, discounts, and territory, consistent with the Competition and Consumer Act 2010.
- Create a referral partner agreement
Create a referral partner agreement between [Company Name] and [Partner Name] where the partner refers new customers in exchange for a commission.
- Create a distributor agreement for physical products
Create a distributor agreement between [Manufacturer Name] and [Distributor Name] for distributing [Product Name] within [Territory].
Reseller Agreement Generator (Australia)
A reseller agreement is a contract that allows another business to sell an Australian company's product or service, setting out pricing, territory, marketing rights, and obligations. This free Australian reseller agreement generator produces reseller, referral partner, and distributor versions, drafted with regard to the Competition and Consumer Act 2010, which prohibits a supplier from fixing the minimum price at which a reseller may on-sell goods or services, known as resale price maintenance. It is designed for Australian software vendors, manufacturers, and service businesses growing through channel partners. The generator lets you set pricing and discount structures, exclusive or non-exclusive territory, sales targets, and termination conditions. Use it to formalise a channel partnership while avoiding terms that could raise resale price maintenance concerns.
Frequently asked questions
What is the difference between a reseller and a referral partner?
A reseller buys and resells the product directly to customers. A referral partner simply introduces new customers and earns a commission, without handling the sale itself.
Can an Australian reseller agreement set a minimum resale price?
No. Setting or enforcing a minimum price at which a reseller can sell is resale price maintenance, which is prohibited outright under the Competition and Consumer Act 2010, though a supplier can recommend a price.
Can a reseller agreement be exclusive to one territory?
Yes. Many agreements grant exclusivity within a defined territory or market segment in exchange for sales commitments, though very restrictive exclusivity terms should be reviewed for competition law risk.
What happens if the reseller does not meet sales targets?
The agreement should state whether this leads to loss of exclusivity, a review period, or termination of the agreement.
Does a distributor agreement work the same way for physical products?
Yes, though it typically also covers shipping, inventory, warranty handling, and returns, which don't usually apply to software resale.