Kaspersky Lab, a leading developer of secure content management solutions, announces the result of judicial proceedings with its distribution partner for the Benelux countries.
Due to Kaspersky Lab Benelux's systematic breach of its contractual obligations, including defaulting on royalty payment liabilities for 2008 and 2009, a number of recriminatory proceedings arose between Kaspersky Lab HQ and the aforementioned partner. After two years of trying in vain to convince the distribution partner to fulfill their contractual terms and conditions, Kaspersky Lab HQ decided to terminate the relationship with Kaspersky Lab Benelux. In order to settle the issue properly, both companies took legal action. The summary proceedings court session took place 25 January, 2010 in Hertogenbosch in the Netherlands.
The court's decision on the summary proceedings was to set a date of 22 February, 2010 to allow Kaspersky Lab Benelux time to provide a bank guarantee for the amount owing to Kaspersky Lab HQ for unpaid royalties. To date, no such guarantee has been forthcoming and therefore the court rejected Kaspersky Lab Benelux's appeal to lift the restrictions on its bank account.
Kaspersky Lab HQ's obligations to Kaspersky Lab Benelux include the prolongation of the distribution agreement, as per the initial conditions, until 01 August 2010.
"Kaspersky Lab has already resumed the supply of codes and licenses," said Andreas Lamm, Managing Director of Kaspersky Lab Europe. "All the terms of the court's decision are being accurately fulfilled by Kaspersky Lab and we expect Kaspersky Lab Benelux to follow these terms strictly too.".
Despite the court's decision obliging both parties to prolong their cooperation and to strictly adhere to all of their contractual obligations, Kaspersky Lab Benelux has still not begun to fulfill its obligations to Kaspersky Lab HQ in terms of reporting on its operations and making royalty payments.
Upon termination of the agreement period with Kaspersky Lab Benelux, Kaspersky Lab HQ will continue to operate in the Benelux countries, but will do so directly. All licenses sold by Kaspersky Lab Benelux will retain their current validity after 01 August, 2010 and will be fully supported and maintained by Kaspersky Lab HQ. Technical support and maintenance will be provided by the offices in Germany, France and the United Kingdom. Distributors, resellers and customers will continue to receive products and services. Customers will be fully supported in their local languages by Kaspersky Lab. Resellers will be supported by their distributors as usual.