The Software Partner Agreement is essential for establishing formal partnership arrangements in the German software industry. It is primarily used when a software provider wants to expand their distribution network, enable third-party implementations, or establish reseller relationships. This agreement, governed by German law, includes comprehensive provisions for software licensing, revenue sharing, partner obligations, and compliance with German and EU regulations, particularly regarding data protection (GDPR) and intellectual property rights. The document addresses specific requirements under German commercial law (Handelsgesetzbuch) and civil code (B眉rgerliches Gesetzbuch), while incorporating modern software partnership models and digital business practices.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the partnership and general intentions of the parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Partnership: Detailed description of the partnership relationship and mutual obligations
5. Partner Rights and Obligations: Specific rights granted to the partner and their corresponding obligations
6. Software Provider Rights and Obligations: Rights and obligations of the software provider
7. License Terms: Terms of software licensing, usage rights, and restrictions
8. Intellectual Property Rights: Ownership and protection of IP, including modifications and developments
9. Data Protection and Privacy: GDPR compliance and data handling requirements
10. Confidentiality: Protection of confidential information and trade secrets
11. Financial Terms: Pricing, payment terms, and revenue sharing arrangements
12. Term and Termination: Duration of agreement and termination provisions
13. Warranties and Representations: Guarantees and commitments from both parties
14. Liability and Indemnification: Limitation of liability and indemnification obligations
15. Force Majeure: Provisions for unforeseen circumstances and force majeure events
16. Governing Law and Jurisdiction: Application of German law and jurisdiction for disputes
17. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Marketing and Promotion: Terms for joint marketing activities and brand usage - include when partnership involves co-marketing
2. Training and Support: Details of training and support services - include when partner requires specific training
3. Service Levels: Service level commitments - include when specific performance metrics are required
4. Audit Rights: Rights to audit partner's compliance - include for partnerships with significant compliance requirements
5. Insurance Requirements: Specific insurance obligations - include for high-risk partnerships
6. Anti-Corruption Compliance: Anti-corruption and compliance requirements - include for international partnerships
7. Change Control: Procedures for managing changes to services or software - include for complex technical partnerships
8. Exit Management: Detailed procedures for partnership termination - include for complex integrations
9. Subcontracting: Terms for engaging subcontractors - include when subcontracting is anticipated
1. Schedule 1 - Software Description: Detailed description of the software products covered by the agreement
2. Schedule 2 - Service Level Agreement: Specific service levels and performance metrics
3. Schedule 3 - Fee Schedule: Detailed pricing, commission rates, and payment terms
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for the partnership
5. Schedule 5 - Support Services: Description of support services and procedures
6. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and procedures
7. Appendix B - Partner Certification Requirements: Required certifications and qualifications for the partner
8. Appendix C - Brand Guidelines: Guidelines for using trademarks and branded materials
9. Appendix D - Security Requirements: IT security and data protection requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Cloud Services
Telecommunications
Financial Services
Healthcare Technology
Manufacturing
Retail Technology
Professional Services
Education Technology
Industrial Automation
E-commerce
Digital Services
Relevant Teams
Legal
Partnerships
Business Development
Sales
Channel Management
Compliance
Information Technology
Operations
Commercial
Partner Success
Revenue Operations
Partner Alliance
Contract Management
Relevant Roles
Chief Technology Officer
Head of Partnerships
Legal Counsel
Partner Success Manager
Business Development Manager
Channel Manager
Software Licensing Manager
Partnership Operations Director
Chief Legal Officer
Commercial Director
Partner Alliance Manager
Contract Manager
Head of Sales
Chief Revenue Officer
Partner Development Executive
Compliance Officer
IT Director
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