Gain an understanding of traditional and evolving business models for reselling and distribution relationships.
Providers of products and services in software and technology industries can significantly expand their marketing and sales efforts and success by creating and relying on a network of resellers and distributors. In traditional structures, these relationships generally rely on so-called on-premises business models, where software or other technology is installed locally, on the customer's network or other locations controlled by the customer. Traditional business models also generally assume that the provider is the driving force behind the offering, with the reseller or distributor acting simply as a link and intermediary between the provider and end users. These traditional models present a range of legal issues, which remain of central relevance to newer reselling models. Traditional models do not, however, address situations where the provider's product or service is one of many products and services bundled into a technology 'stack,' and other providers, including the entity providing the bundled offering to the end user, play a more central role in the chain of relationships. Moreover, traditional models do not address situations where the provider is offering cloud services and remains responsible for hosting elements of the final offering to end users. Our panel will guide counsel through both traditional and evolving business models for reselling and distribution relationships. The panel will discuss key provisions of reseller and distributor agreements, present options as to the implementation of these key provisions, and identify the implications of counsel's choices with respect to these options.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Identifying Leads That Qualify for a Revenue Share or Commission to the Reseller
- Methods for Distinguishing Leads Generated via the Efforts of the Reseller vs. the Efforts of Others
The Duration of the Provider's Obligations to Pay Commissions (or Other Sums) to the Reseller or Distributor for Qualifying Leads
Ownership' and Treatment of End Users Upon Termination or Expiration of the Provider-Reseller/Distributor Agreement
Managing Sales Channels for the Provider's Products and Services
- The Use of Exclusive and Non-Exclusive Reseller/Distributor Appointments to Optimize Market Penetration and Incentives to the Reseller/Distributor
Pricing Considerations
- Limitations on the Provider's Ability to Oversee or Control End-User Pricing
- Challenges Presented by So-Called 'Most Favored Nation' Pricing Requests From Resellers and Distributors
The Impact on the Provider of the Reseller's Bundling the Provider's Products or Services With Those of the Reseller, Distributor, and/or Third Parties
Whether Some or All of the Provider's Terms of Service, End User License Agreement or Other Terms Will Flow Through the Reseller/Distributor to Bind End Users
- Methods to Address Potential Conflicts Between the Provider's Legal Terms and the Legal Terms of Others in the Technology Stack, Particularly the End User-Facing Participants
- Support Requirements From the Provider
- Structuring Support Obligations to Channel Support Requests
- Triage These Requests
- Establish So-Called Level 1, Level 2, and Level 3 Support Structures
Training and Certification of the Reseller/Distributor With Respect to the Provider's Products and Services
Branding and Private Labeling of the Provider's Products and Services, With a Focus on the Key Trademark Law Element of Quality Control
Intellectual Property and Confidentiality Issues Involved in Support and Documentation Elements in the Relationship
Service Level Commitments, Particularly as to System Availability, Where the Provider Will Be Offering the Software or Other Technology via the Cloud
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 25, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- AK CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- NJ CLE 1.3
- NM CLE 1.0
- NY CLE 1.0 including Skills 1
- VT CLE 1.0
- WA CLE 1.0
- WV MCLE 1.3
- WY CLE 1.0
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
H. Harold Lee
Holland & Knight LLP
- Boston attorney who concentrates on matters involving technology transactions, data privacy and security, intellectual property (IP), and information and communications technology (ICT)
- Drafts and negotiates agreements and advises clients on a wide range of matters and involving a wide range of technologies, including software license agreements, software-as-a-service (SaaS) agreements, reseller agreements, development agreements, online terms and conditions, end-user license agreements, master service agreements, and transition services agreements.
- Can be contacted at [email protected]
Ieuan G. Mahony
Holland & Knight LLP
- Partner in Holland & Knightâs Boston office
- Concentrates his practice in intellectual property (IP) licensing and development, and information and communications technology (ICT)
- Recent engagements include advice and negotiations with respect to reseller agreements involving cloud services providers, including Infrastructure as a Service (IaaS) and Software as a Service (SaaS) providers, providers of connectivity components resold by others in the Internet of Things (IoT) industries, traditional and online software providers, and online marketplace providers
- Can be contacted at [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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