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Software Partner Agreement
"Need a Software Partner Agreement for appointing an exclusive reseller in Ireland starting March 2025, with rights to distribute our cloud-based accounting software to financial services clients and including revenue sharing provisions for subscription-based sales."
1. Parties: Identification of the contracting parties with full legal names and registered addresses
2. Background: Context of the partnership and high-level objectives
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope: Nature of partnership, territory, and exclusivity terms
5. Partner Obligations: Core responsibilities and commitments of the partner
6. Software Provider Obligations: Core responsibilities and commitments of the software provider
7. Intellectual Property Rights: Ownership and licensing of IP, including software and trademarks
8. Data Protection: GDPR compliance and data processing obligations
9. Confidentiality: Protection of confidential information and trade secrets
10. Fees and Payment: Commercial terms, pricing, and payment conditions
11. Term and Termination: Duration, renewal, and termination provisions
12. Warranties and Indemnities: Representations, warranties, and indemnification obligations
13. Limitation of Liability: Liability caps and exclusions
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Marketing and Promotion: Requirements for joint marketing activities and brand usage - include for strategic partnerships
2. Service Levels: Performance metrics and service standards - include for implementation partners
3. Training Requirements: Partner certification and training obligations - include for technical partners
4. Revenue Sharing: Commission structures and revenue sharing models - include for reseller partnerships
5. Support Services: Technical support responsibilities - include for service delivery partners
6. Insurance: Specific insurance requirements - include for high-risk implementations
7. Source Code Escrow: Source code protection arrangements - include for mission-critical implementations
8. Personnel: Key personnel and staff requirements - include when specific expertise is required
9. Compliance Requirements: Industry-specific compliance obligations - include for regulated sectors
10. Change Control: Process for managing changes to services or deliverables - include for complex implementations
1. Schedule 1 - Software Description: Detailed description of the software products covered by the agreement
2. Schedule 2 - Partner Program Terms: Specific partnership tier requirements and benefits
3. Schedule 3 - Commercial Terms: Detailed pricing, commission structures, and payment terms
4. Schedule 4 - Service Level Agreement: Detailed performance metrics and service standards
5. Schedule 5 - Technical Requirements: Technical specifications and integration requirements
6. Schedule 6 - Support Services: Support level definitions and response times
7. Schedule 7 - Data Processing Agreement: Detailed data protection and processing terms
8. Appendix A - Approved Territory: List of territories covered by the partnership
9. Appendix B - Authorized Personnel: List of key contacts and authorized representatives
10. Appendix C - Security Requirements: Security protocols and compliance requirements
Authors
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Telecommunications
Education
Government
Energy
Media and Entertainment
Transportation and Logistics
Legal
Commercial
Sales
Business Development
Partnerships
Information Technology
Compliance
Finance
Marketing
Operations
Product Management
Information Security
Chief Technology Officer
Head of Partnerships
Legal Counsel
Commercial Director
Partner Success Manager
Channel Manager
Business Development Director
Sales Director
Chief Information Officer
Data Protection Officer
Contract Manager
Partnership Operations Manager
Alliance Manager
Software Licensing Manager
Chief Commercial Officer
Head of Legal
Partner Marketing Manager
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