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I need to get a legal document to sign with our clients. But I'm not sure of the name, which makes it even harder to look for this. We are in the following situation. We have developed a system that allows sport clubs to set up a virtual type of competition for their members. We sell this system to the sport clubs, who then resell access to their members. Now, this service is provided as an internetwebsite (our internetwebsite), and clubs will simply affiliate with us and then resell our services. Clubs are our direct clients, and their members are the final users.

Now, we need to have some sort of contract/agreement that the clubs need to sign (to stipulate payment details, our obligations, etc). But exactly what kind of document should I be looking for?

  • Licensing agreement (appears to be logical for software but not for an internet website / software 'in the cloud' (which is that this is, basically)
  • Contract (could work, but I feel this is not the right type of document)
  • Terms of Services (can this be signed? I feel like the client should sign something and these appear to not be signed, normally)
  • (End) User Agreement: End user does not really apply, because the clubs are not the end users. Also, it does not really indicate a client-provider relation.

What is a good type of document for this?

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(1) A contract is just an agreement. A license Agreement, for example, is a contract. (2) You probably want either a software license agreement, a hosted services agreement or reseller agreement. What you call it is really the least important thing. (3) Find a lawyer who does a lot of work with software contracts. – Chris Fulmer Nov 10 '12 at 3:33

1 Answer

Given the specialized nature of your business model (multiple parties), the likelihood that you will find a single document - or even an existing set of documents - that precisely meets your needs is somewhere near zero.

You should retain a lawyer to examine your requirements carefully and recommend the right types of agreements. They will cover the areas you identified, plus much more.

Disclaimer: This information does not constitute legal advice and does not establish an attorney-client relationship.

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