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A Value Added Reseller Agreement lets companies officially resell products after adding their own improvements or services. For example, a Swiss software company might buy basic accounting software, add local tax compliance features, and then resell this enhanced version to Swiss businesses.

Under Swiss commercial law, these agreements protect both parties by clearly defining how the reseller can modify, market, and support the original product. They typically cover pricing structures, intellectual property rights, and quality standards that align with Swiss consumer protection requirements. The agreement also outlines warranty responsibilities and territory restrictions for selling within Switzerland and the EU market.

Use a Value Added Reseller Agreement when you plan to enhance and resell someone else's products in the Swiss market. This is especially important for tech companies that customize software with local features, or manufacturers who integrate imported components into their own systems.

The agreement becomes essential before you start modifying or marketing the original product. Swiss law requires clear documentation of intellectual property rights and liability arrangements between parties. Getting this agreement in place early helps avoid disputes about profit sharing, warranty obligations, and territory restrictions - particularly important when dealing with cross-border sales in the EU region.

• Software License Reseller Agreement: Specifically designed for software distribution, covering code modification rights, technical support requirements, and update obligations under Swiss IT law. These agreements typically include stronger intellectual property protections, version control requirements, and detailed terms for handling end-user licenses. They often contain specialized clauses for SaaS products, cloud services, and data protection compliance under Swiss regulations.

• Original Manufacturers: Companies that create the base products and grant resale rights. They maintain control over their intellectual property while expanding market reach in Switzerland.
• Value Added Resellers: Swiss businesses that enhance products with additional features, local customizations, or bundled services before reselling them.
• Legal Counsel: Attorneys who draft and review these agreements to ensure compliance with Swiss commercial law and EU trade regulations.
• Compliance Officers: Internal teams who monitor adherence to quality standards, territory restrictions, and reporting requirements outlined in the agreement.

• Product Details: Document exact specifications of original products, planned modifications, and value-added services under Swiss quality standards.
• Territory Rights: Define precise geographical boundaries for resale, considering both Swiss and EU market regulations.
• Pricing Structure: Outline wholesale costs, markup allowances, and commission rates in Swiss Francs.
• Technical Requirements: List all modification rights, support obligations, and quality control measures.
• Compliance Check: Our platform ensures your agreement includes all mandatory elements under Swiss law, minimizing legal risks and drafting errors.

• Party Identification: Full legal names, addresses, and registration numbers of manufacturer and reseller under Swiss commercial registry.
• Product Definition: Detailed description of original products and permitted modifications.
• Territory Rights: Clear geographical boundaries and any exclusivity provisions within Switzerland and EU.
• Financial Terms: Pricing structure, payment terms, and currency specifications in Swiss Francs.
• Intellectual Property: Rights to modify, restrictions on use, and protection measures under Swiss IP law.
• Termination Clauses: Clear conditions for ending the agreement, including notice periods and post-termination obligations.

A Value Added Reseller Agreement differs significantly from an Agency Agreement in several key aspects under Swiss law. While both involve representing products in the market, their legal structures and responsibilities vary considerably.

• Ownership and Modification Rights: VARs purchase products outright and can modify them before resale, while agents simply facilitate sales of unmodified products on behalf of the principal.
• Profit Structure: VARs earn through markup on modified products, whereas agents typically work on commission basis under Swiss agency law.
• Legal Liability: VARs assume direct responsibility for product modifications and customer support, while agents mainly serve as intermediaries with limited liability.
• Customer Relationship: VARs maintain direct relationships with end customers and handle their own billing, while agents typically connect customers back to the principal company.