A distributor is a person or company that has entered into a distribution agreement with a vendor to acquire the vendor`s SaaS software and services. The SaaS software is sold to the distributor in accordance with the provider`s SaaS terms and conditions and SLA. The commercial distributor then markets the SaaS software and services to its local customers in the region, using its own business terms and distributor`s SLA. A reseller is the same as a distributor. The High Court`s decision will likely result in an increase in the number of commercial agents asserting claims under commercial agent regulations. In this context, software companies now need to check how they use their agents and make sure that the agency model is best for them. As with all EU laws, there is a “Brexit” aspect to consider. While the UK may eventually decide to withdraw from the Commercial Agents Directive, removing UK rules does not seem to be a priority at the moment and software providers with EU agents should expect the UK regulations to remain in place for the foreseeable future. Some time later, Computer Associates attempted to terminate the agreement with immediate effect, claiming that Software Incubator began acting as an agent for another company. Software Incubator denied the breach of the agreement, but argued that, regardless of the rights and harms of the termination, a right for Computer Associates was compensated for this loss on the agency`s business, in accordance with the Commercial Agent Regulations.
Software Incubator Limited (Software Incubator) has signed an agreement with Computer Associates UK Limited (Computer Associates) to become its non-exclusive representative and promote its software. The agreement provided for a non-competition clause that was to remain in force for 12 months after termination. Suppliers must decide whether the local partner acts as an agent or distributor. There are important differences between agency and distribution and the pros and/or cons of both need to be carefully weighed. Review and amendment of a partner interface software agreement with a leading UK software provider. g. Divided Leads. If we decide to participate in the same sales process as you, which leads to the sale of the subscription service to a potential customer who would otherwise not have been valid because it (i) is not registered, ii) is not accepted, iii) has expired or (iv) exceeds registered capacity limits or other applicable limits, (a “shared lead”) and you have an active engagement (defined below) with such a link, we may then decide, at our discretion, that the shared lead is considered a registered, accepted and valid interested party for the purposes of the “Authorization” section above. . . .