Trelligence, Inc. Reseller Agreement

Transcription

1 1 Trelligence, Inc. Reseller Agreement The goal of the Trelligence reseller program is to expand market reach and promote sales of Affinity through a network of highly qualified resellers. Affinity is a set of powerful and unique tools most effectively represented by experienced AEC resellers who utilize a consultative sales approach and provide post sale implementation, training, and support services. Trelligence is committed to supporting our resellers with the marketing, training, support and sales incentives necessary to be successful. The Trelligence reseller program allows Authorized Resellers to resell the following Trelligence Affinity software products: Affinity Desktop Affinity for ArchiCAD Affinity for Revit Other related Affinity software products as they become generally available for resale through the Trelligence Reseller Network Sales and Marketing Trelligence agrees that supporting the reseller s marketing activities related to the sale of Affinity software and services is important. When possible, Trelligence will participate in marketing activities such as seminars and local exhibitions plus create marketing collateral and web marketing. When appropriate, Trelligence may conduct marketing alone or together with one or more resellers. Trelligence will also distribute leads to resellers that are in good standing with Trelligence. Certain marketing support may be delivered at a fee to the reseller based on prior agreement between Trelligence and the reseller. Trelligence will provide the following sales and marketing tools: Marketing Support o Listing (with your logo) as a Trelligence Partner on our web site o Trelligence logo for inclusion on the reseller s web site o Joint presentations via the web o Joint marketing programs Access to the Trelligence on-line Partner Portal o PowerPoint presentation materials o Product Demonstration Scripts o Product Brochure PDF s (hard-copies also available) o Sales Interview Questions o Order Process Forms o Links to downloadable product videos Lead Sharing o Trial request leads o Information Request leads o Trade Show and other marketing campaign leads Not for resale Licenses* o 1 Not-for-Resale (NFR) annual subscription license of the Affinity Software is provided at no cost o Additional NFR copies are available at the current NFR annual subscription price * NFR licenses are secured with the Affinity licensing software and are for internal use only by the reseller. They cannot be sold to end users. The splash screen notes that the software is a Notfor-Resale copy.

2 2 Sales Market Area For purposes of lead distribution, Trelligence is open to understanding and mapping territories based on a reseller s existing area of business. The Reseller shall maintain an office presence or have at least one person physically located in the market area covered by this agreement effective upon the date of signing this agreement. No area is exclusive to any reseller. Trelligence reserves the right to sell its software products directly. Trelligence encourages a cooperative relationship among and with its resellers. The reseller should notify Trelligence as new opportunities are identified to avoid conflicts. Customer Account Management & Technical Support The reseller shall provide front line, technical support during business hours for Affinity Software. The reseller must also have participated in technical training on the software. Trelligence will provide advanced support to the reseller and if necessary to Affinity software end-users by telephone, and the Trelligence website ( The Trelligence reseller incentives are designed and based on the concept that the reseller owns the client relationship and provides full customer account management. The reseller should be the first point of contact for technical support, training, and consulting services. Training and Certification Resellers are required to participate in sales and support training from Trelligence within 45 days of acceptance into the Trelligence reseller program. Sales and Support team members who complete the training will receive Certificates of Completion. As new products and upgrades are released, additional training may be required. Trelligence will provide the following training: Trelligence Sales Training is free of charge to our resellers and is required for all members of the proposed sales team. During this 2-hour online session, you will learn to: o Qualify prospects o Position Affinity in the AEC software space o Explain the benefits of Affinity and relate them to the customer s needs o Communicate customer and product sales information to Trelligence o Utilize the sales tools provided through the Trelligence Partner Portal Trelligence Product Specialist Training is free of charge to our resellers and is required for all members of the proposed sales support team. Viewing of the online demonstration videos and completion of the tutorials in Chapter 11 of the users guide are prerequisites to this course. This course is an accelerated version of the 1 ½ day End-User training course, delivered in 3 (or 4) 2-hour online sessions. The course teaches how to: o Demonstrate the features, functionality, and benefits of Affinity o Create a simple space program o Modify a program template o Produce a schematic design o Demonstrate the interaction between Affinity and detailed design software o Create an ArchiCAD or Revit project from an Affinity Project Trelligence Technical Support Training is also free of charge to our resellers. As Trelligence resellers are expected to handle front line support, a minimum of one member of the reseller team should take this course. Trelligence Product Specialist Training is a prerequisite to this course. During this 2-hour online session you will learn: o Correct installation techniques o Implementation of both basic and advanced features of the core Affinity software o Basic troubleshooting techniques for front line support

3 3 Trelligence Advanced Configuration training is offered on a fee basis. Technical Support Training is a prerequisite to this course. Here you will learn: o Accelerated development and use of Affinity templates o Best practice techniques to formulate and complete customization based on the enduser s business model and specific requirements Once your team has these advanced technical skills, we encourage you to offer fullychargeable, comprehensive configuration consulting to your customers. We expect to bid and manage configuration and template development projects jointly in the beginning with pre-negotiated revenue splits. Margins and Incentives Trelligence offers its resellers a flat discount of 40% of list price on all software. A 10% discount is offered on all services sold by the Reseller and delivered by Trelligence. The discounts are based on Trelligence list prices current at the time (please refer to the separate price list). Trelligence may change list prices with 30 days advanced notice to the resellers. These discounts are for resellers that sell the products or services, communicate the required customer information to Trelligence, and collect payment for sales directly from their clients. For those who do not wish to close the business directly, Trelligence will accept the new leads from the reseller and if the business is closed within 180 days, Trelligence will pay a 10% finders fee on the initial software subscription order. Invoices from Trelligence for licenses sold by the reseller are due and payable in USD within 30 days of the date issued. Any amount not paid when due will bear interest at a rate that is the lesser of one and one-half percent (1.5%) per month, or the highest rate allowed under applicable law, until such amounts are paid in full by the reseller. Subscription Renewals The reseller has primary responsibility for ordering, invoicing, and processing renewal orders. Affinity Order Forms Trelligence requires that all orders for Affinity and Affinity-related services be submitted to Trelligence using the Affinity Order Forms provided. All required information must be provided on the forms in order for the order to be processed. Trelligence assigns a unique Serial Number to each new customer account, which should be referenced by the reseller and the customer in all order and account-related communications. Order forms are provided to the resellers via the Trelligence web site partner portal. Software Activation via License Keys It will be the responsibility of each customer to request software activation License Keys using the request form in the Affinity software. To submit a request, the user must provide their name, account name and their account Serial Number. A License Key will activate Affinity for the applicable subscription period. Consulting Services Trelligence can provide consulting services to end users, but encourages the reseller to provide these services directly. The services are generally focused on configuring the Affinity templates to model the business processes of the firm that purchased Affinity Software. Consulting services are priced on a per project basis and can involve both short and long term engagements. Where appropriate, the reseller and Trelligence may bid and deliver a joint consulting project with an end client in which the distribution of revenue will be agreed on prior to submitting the proposal.

4 4 Educational Licenses (EDU) The reseller is encouraged to sell educational versions of Affinity to universities and schools with architectural programs. Discounts to the reseller are the same as for commercial versions. Trelligence views the sale of educational software to universities and technical schools as essential to both short term marketing and long term growth. Trial Copies Qualified prospective customers can request a free trial copy of Affinity. Trial versions are licensed like all versions. Trial versions of Affinity software enable the user to evaluate the software for 14 days, after which the software no longer allows the user to save files or complete certain tasks. At that point they are prompted to purchase the software through their reseller. The trial versions have capacity limits and should not be used for live projects. Once the client purchases the software, a software license key allows them to upgrade the trial to a full working version. Duration of Relationship Once the agreement and attachments have been signed by the reseller and by Trelligence, the reseller relationship will remain in effect until terminated by either party. Either party should notify the other of its intention to terminate with 30 days written notice. Trelligence reserves the right to review and amend this agreement. Status Reviews The reseller shall agree to participate in quarterly status calls and annual status reviews with Trelligence, to review lead status, sales results, prospects and opportunities, plans for the upcoming period, and agree specific goals and objectives. Reservation of Rights Notwithstanding anything else, as between the parties, Trelligence retains (i) all title to and all rights to the Affinity Software, all copies and derivative works thereof; (ii) all of the Trelligence trade names and trademarks; and (iii) all copyrights, patent rights, trade secret rights, moral rights and all other intellectual property rights of any sort in the Affinity Software. Software Distribution, Licensing, and Tampering: 1. Affinity Software (including licenses for the software) is protected by copyright law and international treaties. The reseller may not alter, merge, modify, or adapt Affinity software in any way including reverse engineering, disassembling or decompiling. Unauthorized reproduction or distribution of Software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. 2. Reseller agrees to abide by the terms and conditions of the Trelligence Affinity Master Subscription Agreement. 3. Reseller shall not knowingly sell software to clients that violate the software license agreement. For example, reseller shall not sell a single user license to a client for use on more than one computer. 4. Reseller shall not distribute Affinity Software electronically or mechanically unless authorized in writing by Trelligence. 5. Reseller shall not change or modify the packaging, wrapping or software license materials relating to or included with any copy of the Affinity Software sold to the client or reseller.

5 5 Attachments: Mutual Non-Disclosure Agreement. TRELLIGENCE, INC. Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: