What is a reseller agreement?
It is a contract that allows another business to sell a Hong Kong 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 Hong Kong resellers and distributors, aligned with the Competition Ordinance.
- Create a reseller agreement for a software product
Create a reseller agreement between [Vendor Name] (BR No. [Business Registration Number]) and [Reseller Name] to resell [Product Name], covering pricing, discounts, and territory, consistent with the Competition Ordinance.
- 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 (Hong Kong)
A reseller agreement is a contract that allows another business to sell a Hong Kong company's product or service, setting out pricing, territory, marketing rights, and obligations. This free Hong Kong reseller agreement generator produces reseller, referral partner, and distributor versions, drafted with regard to the Competition Ordinance, under which resale price maintenance for goods is treated as a hardcore restriction under the First Conduct Rule. It is designed for Hong Kong 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 a Hong Kong reseller agreement set a minimum resale price?
No. Fixing the minimum price at which a reseller can sell goods is treated as resale price maintenance, a hardcore restriction under the Competition Ordinance's First Conduct Rule, though recommending a price is generally permitted.
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.
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.