The SaaS Partnership Agreement Template is designed for use in the Australian market where software-as-a-service providers seek to establish formal partnerships with various business entities. This template is specifically crafted to comply with Australian legislation, including the Privacy Act 1988, Competition and Consumer Act 2010, and Electronic Transactions Act 1999. It provides a structured framework for defining partnership terms, revenue models, service levels, and operational responsibilities while incorporating necessary data protection and security measures required under Australian law. The template is particularly valuable for businesses looking to expand their SaaS offerings through channel partners, resellers, or system integrators, providing comprehensive coverage of essential partnership elements while maintaining flexibility for customization based on specific business needs.
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1. Parties: Identifies and provides full legal details of all parties entering into the agreement
2. Background: Explains the context and purpose of the partnership, including brief descriptions of each party's business
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Partnership Scope: Defines the nature and scope of the partnership, including territories, market segments, and exclusivity provisions
5. Responsibilities and Obligations: Details the specific duties and obligations of each party in the partnership
6. Service Level Agreement (SLA): Specifies the performance standards, availability requirements, and support levels for the SaaS solution
7. Financial Terms: Outlines the revenue sharing model, payment terms, fees, and financial obligations
8. Intellectual Property Rights: Establishes ownership and usage rights for all intellectual property involved in the partnership
9. Data Protection and Security: Specifies data handling requirements, security measures, and compliance with privacy laws
10. Confidentiality: Defines confidential information and establishes protection mechanisms
11. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions
12. Warranties and Indemnities: Details the warranties provided by each party and indemnification obligations
13. Dispute Resolution: Establishes procedures for resolving disputes between the parties
14. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment rights
1. Marketing and Promotion: Details marketing responsibilities and brand usage guidelines - include when parties will conduct joint marketing activities
2. Training and Support: Specifies training obligations and support requirements - include when one party will provide training to the other
3. Integration Services: Details any technical integration requirements - include when significant technical integration is needed
4. White Labeling: Specifies terms for white-labeling services - include when one party will rebrand the other's services
5. Territory-Specific Requirements: Addresses specific legal or operational requirements for different territories - include for multi-jurisdiction partnerships
6. Insurance Requirements: Specifies insurance obligations - include for high-risk or regulated industries
7. Change Control: Establishes procedures for managing changes to services or terms - include for complex technical partnerships
8. Disaster Recovery: Details disaster recovery and business continuity requirements - include for critical service provisions
1. Schedule 1 - Service Description: Detailed technical specifications of the SaaS solution and associated services
2. Schedule 2 - Service Levels: Comprehensive SLA metrics, monitoring, and reporting requirements
3. Schedule 3 - Pricing and Payment Terms: Detailed pricing structure, revenue sharing models, and payment procedures
4. Schedule 4 - Support Services: Support level definitions, response times, and escalation procedures
5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and privacy compliance requirements
6. Schedule 6 - Security Requirements: Specific security standards, protocols, and compliance requirements
7. Appendix A - Authorized Representatives: List of key contacts and authorized representatives from each party
8. Appendix B - Technical Requirements: Detailed technical specifications and integration requirements
9. Appendix C - Brand Guidelines: Brand usage rules and marketing guidelines for both parties
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