This Revenue Share Agreement template is designed for use under Malaysian law when parties wish to formalize arrangements for sharing revenue from business activities. It is particularly useful for collaborative business ventures, platform partnerships, agency relationships, and joint business operations where parties contribute different resources or services and agree to share the resulting revenue. The document addresses key aspects required under Malaysian law, including clear revenue definitions, calculation methodologies, payment terms, tax considerations, and compliance with the Contracts Act 1950. It incorporates necessary provisions for stamp duty compliance and includes robust dispute resolution mechanisms suitable for the Malaysian legal context.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement, business relationship, and purpose
3. Definitions and Interpretation: Defined terms, including 'Revenue', 'Gross Revenue', 'Net Revenue', calculation periods
4. Revenue Sharing Terms: Core terms including revenue share percentages, calculation methodology, exclusions
5. Payment Terms: Payment frequency, method, currency, bank details, late payment consequences
6. Reporting and Audit Rights: Revenue reporting requirements, audit procedures, record-keeping obligations
7. Term and Termination: Duration of agreement, renewal terms, termination rights and procedures
8. Representations and Warranties: Standard business warranties, authority to contract, compliance with laws
9. Confidentiality: Protection of confidential information shared during the relationship
10. Governing Law and Jurisdiction: Malaysian law as governing law, jurisdiction for disputes
11. General Provisions: Standard boilerplate including notices, amendments, assignment, severability
1. Intellectual Property Rights: Include when revenue sharing involves IP licensing or creation
2. Non-Competition: Add when parties need to restrict competitive activities
3. Force Majeure: Include for long-term agreements or where external factors may significantly impact revenue
4. International Payments: Add for cross-border revenue sharing arrangements
5. Tax Provisions: Include detailed tax handling when complex tax implications exist
6. Marketing and Promotion: Add when parties have specific marketing obligations affecting revenue generation
7. Dispute Resolution: Include detailed ADR procedures when preferred over standard court proceedings
1. Revenue Calculation Methodology: Detailed explanation of revenue calculations, including formulas and examples
2. Excluded Revenue: List of revenue streams excluded from sharing arrangement
3. Reporting Template: Standard format for periodic revenue reports
4. Bank Account Details: Payment account information for all parties
5. Service Level Requirements: Performance metrics if revenue sharing is tied to service levels
6. Audit Procedures: Detailed procedures for conducting revenue audits
7. Territory Definition: Geographic scope of revenue sharing arrangement if territory-specific
Relevant legal definitions
Clauses
Relevant Industries
Technology
E-commerce
Digital Media
Entertainment
Retail
Financial Services
Professional Services
Healthcare
Education
Manufacturing
Real Estate
Hospitality
Telecommunications
Software Development
Digital Marketing
Relevant Teams
Legal
Finance
Commercial
Business Development
Operations
Sales
Compliance
Treasury
Partnerships
Strategy
Risk Management
Corporate Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Commercial Director
Business Development Manager
Legal Counsel
Contract Manager
Finance Manager
Operations Director
Partnership Manager
Sales Director
Account Manager
Investment Manager
Compliance Officer
Treasury Manager
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