I often get the question of which type of SaaS distribution agreement do I need (i.e.SaaS reseller agreement, SaaS distributer agreement, SaaS referral agreement or SaaS oem agreement). While these agreements could be structured differently, here are some good general rules (i.e. 80% true).
Q1) Who is Paying the Vendor?
A1) End User – Yes for Referral Agreement
A2) Partner – Yes for OEM, Distribution and Reseller Agreements
Q2) Who is Entering into the Agreement with the End User?
A1) Vendor – Yes for Distribution, Reseller and Referral Agreements (i.e. license resale)
A2) Partner – Yes for OEM Agreement (i.e. sublicensing)
Q3) Who is Provisioning/Configuring the Service for the End User?
A1) Vendor – Yes for Distributor, Reseller and Referral Agreements
A2) Partner – Yes for OEM Agreement (some Distributors do this too though)
This is just a simple quick checklist when you are deciding which agreement to start from. Give it a try and see what you come up with.
Disclaimer: This is provided for educational and informational purposes only, and is not legal advice. Talk to your attorney for legal advice, as they should consider the pertinent facts and applicable law before providing any advice.