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Software Partner Agreement
"I need a Software Partner Agreement under Belgian law for appointing a value-added reseller partner who will distribute our cloud-based accounting software exclusively in the Benelux region, with rights to provide implementation services and first-line support to end customers."
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
Authors
Information Technology
Software Development
Cloud Services
Financial Services
Healthcare Technology
E-commerce
Telecommunications
Manufacturing
Professional Services
Education Technology
Retail Technology
Industrial Automation
Business Services
Digital Marketing
Cybersecurity
Legal
Business Development
Sales
Partner Relations
Commercial
Product Management
Strategic Alliances
Channel Management
Compliance
Revenue Operations
Partner Success
Contract Administration
Chief Technology Officer
Partner Channel Manager
Business Development Director
Legal Counsel
Partnerships Director
Sales Director
Software Licensing Manager
Alliance Manager
Commercial Director
VP of Strategic Partnerships
Chief Revenue Officer
Contract Manager
Partner Success Manager
Channel Development Manager
Chief Legal Officer
Technology Partnership Lead
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