The Software Partner Agreement is essential for businesses operating in Belgium's software and technology sector, establishing formal partnership arrangements between software providers and various types of business partners. This agreement is specifically designed to comply with Belgian legal requirements, including the Belgian Civil Code, Code of Economic Law, and EU regulations such as GDPR. It's particularly relevant when software companies want to expand their market reach through partner networks, requiring detailed terms for software distribution, implementation, support, and revenue sharing. The document addresses crucial aspects like intellectual property protection, data processing requirements, service level commitments, and partner obligations, while incorporating specific Belgian B2B fairness provisions introduced by the 2019 B2B Law. This agreement is commonly used when establishing new channel partnerships, reseller relationships, or system integration collaborations in the Belgian market.
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1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details
2. Background: Context of the partnership, brief description of each party's business, and general purpose of the agreement
3. Definitions and Interpretation: Detailed definitions of technical terms, business concepts, and interpretation rules for the agreement
4. Scope of Partnership: Detailed description of the partnership arrangement, including rights and obligations of each party
5. License Grants: Specific software licenses granted between parties, including usage rights and restrictions
6. Partner Obligations: Detailed responsibilities of the partner, including marketing, sales, and technical requirements
7. Software Provider Obligations: Provider's responsibilities including software delivery, updates, and support
8. Service Levels: Performance standards, availability requirements, and response times
9. Fees and Payment Terms: Financial terms, revenue sharing model, payment schedules, and billing procedures
10. Intellectual Property Rights: IP ownership, protection measures, and usage rights
11. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement, renewal terms, and termination conditions
14. Post-Termination Obligations: Obligations surviving termination and wind-down procedures
15. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. White-Label Rights: Terms for rebranding and reselling software under partner's brand
2. Territory and Exclusivity: Geographic restrictions and any exclusive rights granted to the partner
3. Marketing and Branding: Specific requirements for marketing activities and brand usage
4. Training and Certification: Requirements for partner staff training and certification programs
5. Professional Services: Terms for additional implementation or consulting services
6. Source Code Escrow: Terms for source code protection and release conditions
7. Insurance Requirements: Specific insurance coverage requirements for either party
8. Audit Rights: Terms allowing audit of partner's compliance with agreement terms
9. Minimum Performance Requirements: Sales targets or other performance metrics required to maintain partnership status
1. Schedule 1: Software Description and Specifications: Detailed technical specifications of the software
2. Schedule 2: Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3: Fee Schedule: Detailed pricing, commission rates, and payment terms
4. Schedule 4: Support Services: Description of support services and procedures
5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6: Partner Certification Requirements: Technical and sales certification requirements
7. Schedule 7: Marketing Guidelines: Brand usage guidelines and marketing requirements
8. Appendix A: Approved Territory: List of approved geographic territories for partnership
9. Appendix B: Partner Types and Levels: Description of partnership tiers and associated benefits
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