International Reseller Agreement


Cast & Crew Production Software, LLC dba Final Draft (FD) is happy to welcome new resellers to our worldwide family of retailers, distributors and resellers. In order to insure our products are properly promoted and supported, FD has developed this Authorized Reseller Agreement and Reseller Credit Application, which is appended hereto and made a part hereof by this reference. FD reserves the right to amend and modify these Agreements at any time.

TERMS and CONDITIONS

RIGHTS AND OBLIGATIONS:

Reseller shall have the non-exclusive, non-transferable and revocable right to purchase, sell, market and promote products purchased from FD, subject to the terms and conditions of this Agreement. Reseller shall not sell, directly or indirectly or deliver any FD product to any country where a delivery of such FD product would be prohibited by any applicable laws or regulations. All intellectual property rights, other than those expressly granted under this Agreement, that relate to the Products shall remain with FD.

PAYMENT TERMS:

The initial order from all new resellers must be prepaid either by credit card or C.O.D.

TERMS:

Our terms are net 30 days from receipt of products.

PURCHASE ORDERS:

Purchase orders must be used for all purchases. POs can be faxed to (818) 995-4422, emailed to your appropriate contact or physically mailed. Prices quoted on POs must agree with our current reseller prices for quantity ordered. All purchase orders must be issued in U.S. dollars.

All PO’s for FD product are subject to a minimum quantity of five (5) products ordered.

PAYMENT OPTIONS:

We accept company checks, Cashier’s checks or Money Orders. Such checks must be made payable to Final Draft. All payments must be in U.S. dollars. Bank transfers (EFT) will also be accepted. Please contact our Financial Dept. for bank info.

We also accept the following credit cards: MasterCard, Visa, Discover and American Express. A completed credit card application form is necessary at the time of setup to arrange for credit card payments.

VOLUME LICENSING POLICY

Reseller may sell single-user licenses. However, volume licensing must be purchased from Final Draft directly by the company/university; it cannot be obtained through a reseller. Therefore, reseller shall not sell licenses to companies for enterprise use, or to schools or universities for use in a classroom/lab setting. It is a violation of our Licensing Agreement for licenses to be used in this way. Final Draft reserves the right to void this agreement if reseller does not adhere to this.

RETURN/EXCHANGE POLICY:

A Return Merchandise Authorization (RMA) number must be obtained before Resellers can return/exchange merchandise. Contacting our Sales Coordinator can generate requested RMA’s. Please be aware that RMA’s are finalized and approved for credit offset only when all Customer Numbers are returned and all activations have been removed from any computers on which software is installed. Please return Customer Numbers to:
Returns@finaldraft.com
Please reference  RMA#_______________

All customers and/or clients of an Authorized Reseller calling FD directly inquiring about refunds or returns will be directed to contact the Reseller from which the merchandise was purchased. FD will not interfere with Reseller return policies and procedures.

DAMAGED MERCHANDISE POLICY:

In the event of nonfunctional product, FD will replace the nonfunctional product free of charge to an Authorized Resellers within 30 days. Customers who purchase product through an Authorized Reseller must claim damages through the same Authorized Reseller for service and/or replacement. FD will not accept damage claims from resellers’ customers directly.

STOCK ROTATION POLICY:

It is the policy of FD to notify it’s Authorized Resellers of new or upgraded versions of products within 30 days of release. Resellers may exchange old version of products at no charge, within 30 days, by following our Return/Exchange policy above.

COMPETITION POLICY:

FD is a developer, manufacturer and seller of all its products directly. It is FD‘s policy to refer customers to Authorized Resellers in their area for purchase. Resellers are encouraged to submit advertising/pricing special information to FD at any time for referral purposes. FD reserves the right to promote, market and sell its products as it deems necessary.

MINIMUM ADVERTISED PRICE (MAP):

In order to protect FD’s reputation for superior technology and quality products, FD has established a Minimum Advertised Price (MAP) for selected FD products as set forth in the current FD Price List. This policy applies to all forms of advertising including mailings, catalogs, displays at consumer exhibitions and shows, and any and all forms of advertising media, including, without limitation, the Internet and any other electronic network. FD shall have the right to terminate supplying the product in question if any Reseller whose advertising of the product contains a price lower than the MAP. This policy only concerns advertised prices, and does not relate to actual sales price. For Resellers located outside the US, the USD MAP as set forth is the equivalent in the applicable foreign currency.

COOPERATIVE ADVERTISING:

FD advocates the solicitation of cooperative advertising from its Resellers. Please contact our Marketing Dept. to discuss cooperative advertising prior to implementation.

DELIVERY SERVICES:

FD Software products are delivered electronically only. Authorized Resellers are delivered per requested PO appropriate Customer Numbers (License Numbers) via the DocuSign application or other digital transactional management systems. Customers are directed to the FD web site www.finaldraft/installers to download the software which can then be activated and ready for use after entering the Customer Number provided. Authorize Resellers can also host the appropriate software installers. FD will “Drop Ship” to Reseller’s customer email address if required.

There is an additional charge for C.O.D. orders.

INTERNATIONAL SHIPMENTS:

Customs tax and duties assessed by foreign governments are the sole responsibility of the Reseller. All Resellers, by signature, acknowledge and agree to pay all taxes and duties for electronic delivery outside of the U.S.A.

TERM AND TERMINATION:

This Agreement shall continue until a party shall give notice to the other party of its desire to terminate this Agreement upon at least sixty (60) days prior written notice.

 

GOVERNING LAW:

The terms of this Agreement shall be governed under the laws of California