Tennessee Distributor Agreement for Software

State:
Multi-State
Control #:
US-KWP-0042
Format:
Word; 
Rich Text
Instant download

Description

This form is a Distributor Agreement. This is an agreement between a developer of a computer program and a distribution company to market and distribute the computer program. The distributor acknowledges that the territory is the area of its principal responsibility and agrees to use its best efforts to promote the sale of the developer's product.
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FAQ

California: SaaS is not a taxable service. However, software or information that is delivered electronically is exempt. The ability to access software from a remote network or location is exempt. Under California sales and use tax law, there must be a transfer of TPP, in order to have a taxable event.

Software distribution agreements specifically allow distributors to market and sell the developer's software to end users. A software distribution agreement sets forth the rights and duties of both the developer and the distributor to avoid disputes later on.

Id. The Taxpayer's maintenance and monitoring services performed with respect to its customers' tangible personal property are properly considered repair services that are subject to the Tennessee sales tax under TENN. CODE ANN.

Some services related to computer software are considered taxable services under Tenn. Code Ann. Section 67-6- 102(23)(F). These services include repair, maintenance and installation, as well as charges for warranty or service contracts which warrant the repair or maintenance of software.

What to Include In A Distributorship Agreement?Exclusive Distributor.Terms And Conditions Of Sale.Pricing.Term Of The Agreement.Marketing rights.Trademark licensing.The geographical territory covered by the agreement.Performance.More items...

Parts of a Distribution AgreementNames and addresses of both parties.Sale terms and conditions.Contract effective dates.Marketing and intellectual property rights.Defects and returns provisions.Severance terms.Returned goods credits and costs.Exclusivity from competing products.More items...

A distribution deal (also known as distribution contract or distribution agreement) is a legal agreement between one party and another, to handle distribution of a product. There are various forms of distribution deals. There are exclusive and non-exclusive distribution agreements.

In Tennessee, services that are generally not subjected to either sales or use taxes include data processing, information services, and management consulting services. Businesses that offer management consulting or management services are required to pay a local gross receipts tax.

Under the terms of a licence or distribution agreement a licensee is generally granted the right to use your intellectual property (including your trade mark) or to distribute your product within a defined territory.

Some services related to computer software are considered taxable services under Tenn. Code Ann. Section 67-6- 102(23)(F). These services include repair, maintenance and installation, as well as charges for warranty or service contracts which warrant the repair or maintenance of software.

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Tennessee Distributor Agreement for Software