MARKETING REPRESENTATIVE AGREEMENT
THIS MARKETING REPRESENTATIVE AGREEMENT (the 'Agreement') made between *Your Company Name* having its Registered office at *Your Company Address* (hereinafter called the marketing agent) and HiTech Computer Services A-65 , Sarva Dharma, Kolar Road, Bhopal 462042 MP India (hereinafter referred to as HiTech).
1). BACKGROUND
HiTech Computer Services (www.hitech-on-web.com) is a software development firm, which provides IT business solutions through Software products to diverse business segments focusing on Indian and overseas Markets. *Your Company Name* is a *Your Company Business*. *Your Company Name* desires to market and promote the HiTech software products.
NOW, THEREFORE, the parties, intending to be legally bound, hereby agree as follows:
2). RIGHTS AND OBLIGATIONS
*Your Company Name* hereby agrees to act as Marketing Representative to market the existing products and services offered by HiTech through its network in the Indian or overseas market comprising of City/State of *Your Company Territory*.
HiTech Computer Services will provide demo software download, marketing and promotional material regarding its products and services to *Your Company Name* via website at www.hitech-on-web.com. Any marketing or promotional literature found on the HiTech Software Services Internet web site/s shall be available for use in promoting the HiTech products and services by *Your Company Name*. In case of Customized application development the Software will have to be exclusively developed for the client and marketed by *Your Company Name* and the development and marketing of such customized Software will be subject to a MOU which will be entered for each such Software on case to case basis.
In case of non-performance of *Your Company Name* HiTech Computer Services reserves the right to appoint another reseller in your terroitory and the association is not exclusive.
3). PRICING
*Your Company Name* will place order for the HiTech Software with 100% payment in advance from the end users and HiTech will price the *Your Company Name* at a price less 40% than the list price. This Reseller Transfer Price will be sent 100% in advance before taking delivery of the Software. For customized software HiTech will quote its cost of development, support and the *Your Company Name* shall have the right to add on to this for selling the same to the customer, It shall invoice the customers on its own.
*Your Company Name* will remit to the Hitech the price of the software as agreed in the quotation of HiTech and subsequent work order of *Your Company Name* for the customized software. In case such a software is developed for exclusive marketing by *Your Company Name* then a separate MOU will be signed for the same. After 100% payment is made to Hitech licensed software with a hardware portlock or License Key will be provided by HiTech. Until then the 'time-barred' version of the software will be provided. Copyrights and other rights in all such customized software will be held by HiTech unless otherwise agreed in writing.
There will be annual revision of pricing of the product which will be decided on mutual consultation based on market response and market condition
4). DURATION
Duration of this agreement will be for 12 months from date of signing of this agreement. This agreement can be renewed or extended within 60 days of expiry of this agreement.
5) TERMINATION CLAUSE
This agreement can be terminated if required support is not received by *Your Company Name* from HiTech or by HiTech if *Your Company Name* and or HiTech does not fulfill the requirement as stipulated in clause 2 & 3 All disputes are subjects to jurisdiction of Bhopal (India) courts only.
Both Parties look forward to a beginning of long standing mutually rewarding relationship
