LEGAL DOCUMENTS

The proper documents will be the basis for relationships with both end users and channel partners.

A company will need a range of documents to properly establish relationships with clients and channel partners.

Trademark Registration:

The Internet has made it much easier for companies in other markets to replicate new business concepts in their own market. In some cases the replication has been so blatant that names, logos and even entire websites have been taken by unscrupulous competitors. Registering your trademark in key markets should be done very early in the process, even if you have no immediate plans to go international.

End-user License:

The license you use in your own market may not be appropriate, or even legal, in other countries. For instance, the standard U.S. shrink-wrap license contains provisions that are not acceptable in Europe. In germanyy, for example, if a product sold to consumers does not have a germany-language license and user documentation, the purchaser can return the product at any time for any reason, and demand a full refund.

For more complicated products that are sold through channel partners, it is often standard practice for resellers and distributors to use their own sales and license agreements issued in the local language. As a vendor you have to make sure that those agreements do not obligate you to assume liabilities or warranties that you would not accept at home.

Non-disclosure Agreements:

Non-disclosure agreements are notoriously difficult to enforce, especially overseas, but they do serve an important purpose if you are planning to share confidential information about your product. Most companies that you approach will be ethical organizations, and by having them sign a non-disclosure agreement you make it clear that you are serious about protecting your intellectual property rights, and it helps establish a professional relationship.

Reseller & Distribution Agreements:

This is an essential document that will define your relationship with a channel partner. It describes the duties and obligations for each party, and under what terms and conditions the relationship can be terminated. Again, it can be important to have the agreement reviewed by an attorney licensed to practice law in the target market to make sure that it can be enforced. A reseller/distribution agreement should address important issues such as territory, term, exclusivity, targets, default provisions, governing law and what happens after termination.