The Technology Partner Agreement is essential for businesses engaging in technology-based partnerships in New Zealand. It is typically used when companies collaborate on technology development, system integration, or service provision, establishing clear terms for their technical and commercial relationship. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017, Privacy Act 2020, and other relevant legislation. It includes detailed provisions for intellectual property rights, data protection, service levels, and operational requirements. This document is particularly crucial in today's digital economy where technology partnerships are fundamental to business growth and innovation. The agreement provides a robust legal framework while being flexible enough to accommodate various types of technology partnerships, from software development to system integration and cloud services.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company numbers
2. Background: Context of the agreement, relationship between parties, and high-level objectives of the partnership
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Partnership Scope and Objectives: Detailed description of the partnership's scope, goals, and intended outcomes
5. Term and Renewal: Duration of the agreement, including commencement date and renewal provisions
6. Partner Obligations: Specific responsibilities and commitments of each party
7. Technical Requirements and Standards: Technical specifications, compliance requirements, and quality standards
8. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP and newly developed IP
9. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures
10. Confidentiality: Protection of confidential information and trade secrets
11. Commercial Terms: Pricing, payment terms, revenue sharing, and financial arrangements
12. Service Levels: Performance metrics, service level agreements, and quality standards
13. Governance and Reporting: Management structure, reporting requirements, and oversight procedures
14. Warranties and Representations: Promises and guarantees made by each party
15. Liability and Indemnification: Allocation of risks, limitations of liability, and indemnification obligations
16. Termination: Grounds for termination, termination process, and consequences
17. General Provisions: Standard legal clauses including notices, assignment, governing law, and dispute resolution
1. Marketing and Branding: Rules for use of logos, joint marketing activities, and brand guidelines. Include when partnership involves co-branding or joint marketing
2. Integration Requirements: Technical specifications for system integration. Include when partners need to integrate their technical systems
3. Training and Support: Training obligations and support services. Include when one party needs to provide training or ongoing support
4. Disaster Recovery: Business continuity and disaster recovery procedures. Include for critical system partnerships
5. Security Requirements: Specific security protocols and compliance requirements. Include for partnerships handling sensitive data
6. Change Management: Procedures for managing changes to services or systems. Include for complex technical partnerships
7. Geographic Restrictions: Territorial limitations and geographic scope. Include when partnership has territorial limitations
8. Non-Competition: Restrictions on competing activities. Include when exclusivity or competition restrictions are required
1. Schedule 1 - Technical Specifications: Detailed technical requirements, architecture diagrams, and integration specifications
2. Schedule 2 - Service Levels and KPIs: Detailed service level agreements, performance metrics, and measurement methodologies
3. Schedule 3 - Pricing and Payment Terms: Detailed pricing structures, payment schedules, and financial terms
4. Schedule 4 - Support and Maintenance: Support levels, response times, and maintenance procedures
5. Schedule 5 - Security and Compliance Requirements: Detailed security protocols, compliance requirements, and audit procedures
6. Schedule 6 - Implementation Plan: Project timeline, milestones, and implementation requirements
7. Schedule 7 - Authorized Representatives: List of key contacts and authorized representatives from each party
8. Appendix A - Data Processing Agreement: Specific terms for handling and processing personal data
9. Appendix B - Business Continuity Plan: Disaster recovery and business continuity procedures
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