If the retailer does not yet sell competing computer products, you can request a clause prohibiting the retailer from doing so. If the reseller is reluctant to consent, you may instead attempt to negotiate a clause in which the reseller can only sell competing computer products with your permission. Second, your contract should grant the dealer a license for the use of your trademarks and copyrights on marketing materials. You can also limit how the retailer can use your intellectual property to make sure it matches their brand image. First of all, as a supplier, it is essential that your IT reseller agreement is not transferred to the IP reseller. Instead, the reseller should be issued a limited license prohibiting copying, modifying or retro-engineering of the software. Any non-public information made available to the other party (the “receiving party”) directly or indirectly by a party (the “disclosure party”) relating to the disclosure party`s transaction or technology (all “confidential information”) is treated confidentially by the recipient party and cannot be used, unless it is necessary to carry out the obligations of the recipient party under this agreement or other means. marketing. , the sale, supply, operation or maintenance of products. The receiving party agrees to limit access to confidential information to that of your employees or contractors, which are reasonably necessary to fulfill the obligations of the receiving party under this agreement or by any other means in connection with the supply, operation and maintenance of the products, and ensures that each of these employees or contractors is subject to an agreement with the receiving party with respect to the confidential information who, for the most part, protected the confidential information provided by the public party in accordance with the provisions of this section 8.1. Notwithstanding the above, the confidential information does not contain confidential information that the receiving party can verify on the basis of its written recordings, (a) were already legally in the possession of the receiving party without any obligation of confidentiality before being received by the public party; b) were received independently of a third party without the obligation of accompanying secrecy and without breaching the confidentiality obligations of these third parties. (c) is made public by the absence of action or action of the receiving party or (d) the independent development of the receiving party, without using or referring to the confidential information provided by the receiving party.
If the receiving party is legally required to disclose confidential information, except under a confidentiality agreement, the receiving party will immediately notify the receiving party in writing, as long as it is legally permissible, and will do its best to assist the disclosure party in finding a protection decision or other appropriate assistance. It is important to distinguish the dealer relationship from similar (yet different) relationships: the integration of a reseller gives you the opportunity to expand your business and reach a wider range of customers. However, it is essential that you have a well-developed IT dealer agreement that deals with the terms of the relationship. If you wish to hire a reseller, make sure that your IT reseller agreement is addressed: in the event of a dispute between the parties concerning or in connection with this agreement (including validity, infringement or termination), the parties will check, without prejudice to other rights or claims they have under this Agreement or other means, whether the dispute is reached by an agreement with informal dispute resolution techniques such as .B. , mediation, independent expert opinions or any other alternative dispute resolution technique.