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Master Partner Agreement

Master Partner Agreement Template for Austria

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Key Requirements PROMPT example:

Master Partner Agreement

"I need a Master Partner Agreement governed by Austrian law for a software company establishing a reseller network across the EU, with particular focus on data protection compliance and revenue sharing arrangements to be implemented by March 2025."

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Document background
The Master Partner Agreement serves as the primary contractual framework for establishing and managing business partnerships in compliance with Austrian law. This document is essential when companies wish to create a standardized approach to partner relationships, whether for distribution, resale, implementation, or service delivery partnerships. It includes comprehensive provisions covering commercial terms, operational requirements, compliance obligations, and risk allocation, while ensuring alignment with Austrian commercial law principles and EU regulations. The agreement is particularly valuable for businesses looking to scale their partner networks efficiently while maintaining consistent legal and operational standards across different partner relationships. The document's structure allows for customization through schedules and appendices while maintaining a stable core framework that complies with Austrian legal requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the partnership and purpose of the agreement

3. Definitions: Defined terms used throughout the agreement

4. Appointment and Scope: Formal appointment of partner and scope of the partnership

5. Term and Termination: Duration of the agreement and termination provisions

6. Partner Obligations: Core obligations and responsibilities of the partner

7. Principal Obligations: Core obligations and responsibilities of the principal company

8. Financial Terms: Commercial terms, fees, commissions, and payment provisions

9. Intellectual Property: IP ownership, licenses, and usage rights

10. Confidentiality: Protection and handling of confidential information

11. Data Protection: GDPR compliance and data handling requirements

12. Representations and Warranties: Key assurances provided by each party

13. Liability and Indemnification: Risk allocation and liability limitations

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Governing Law and Jurisdiction: Application of Austrian law and dispute resolution mechanisms

16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

Optional Sections

1. Marketing and Branding: Guidelines for use of trademarks and marketing materials - include if partner will engage in marketing activities

2. Training and Support: Details of training and support provisions - include if technical or operational support is part of the relationship

3. Minimum Performance Requirements: Performance targets and metrics - include if partner has specific performance obligations

4. Insurance: Insurance requirements - include if specific insurance coverage is required

5. Compliance with Anti-Corruption Laws: Anti-corruption and compliance provisions - include for international partnerships or high-risk sectors

6. Non-Competition: Competitive restrictions - include if exclusivity or competition restrictions are required

7. Personnel: Staff-related provisions - include if partnership involves dedicated personnel or staff transfers

8. Quality Control: Quality standards and monitoring - include for partnerships involving product or service delivery

9. Audit Rights: Audit and inspection provisions - include if regular monitoring is required

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of services or products covered by the partnership

2. Schedule 2 - Commercial Terms: Detailed pricing, commission structures, and payment terms

3. Schedule 3 - Service Levels: Performance metrics, KPIs, and service level requirements

4. Schedule 4 - Technical Requirements: Technical specifications and requirements for partnership operation

5. Schedule 5 - Approved Territories: Geographic scope and territorial restrictions of the partnership

6. Schedule 6 - Data Processing Agreement: GDPR-compliant data processing terms and requirements

7. Schedule 7 - Brand Guidelines: Guidelines for use of trademarks, logos, and marketing materials

8. Schedule 8 - Escalation and Reporting Procedures: Communication protocols and reporting requirements

9. Schedule 9 - Form of Partner Order: Template for individual orders or statements of work under the master agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Approved Territory
Business Day
Confidential Information
Commencement Date
Intellectual Property Rights
Initial Term
Partner
Partner Order
Partner Portal
Principal
Products
Services
Service Levels
Commercial Terms
Commission
Customer
Customer Agreement
Data Protection Laws
Deliverables
Documentation
End User
Force Majeure Event
Good Industry Practice
Group
Insolvency Event
Key Personnel
Losses
Material Breach
Minimum Performance Requirements
Notice
Personal Data
Processing
Quarter
Revenue
Renewal Term
Representatives
Specified Currency
Standards
Subsidiary
Term
Territory
Third Party
Trademarks
Working Hours
Clauses
Appointment
Term
Termination
Partner Obligations
Principal Obligations
Commercial Terms
Payment
Commission
Intellectual Property
Confidentiality
Data Protection
GDPR Compliance
Performance Requirements
Service Levels
Quality Standards
Reporting
Audit Rights
Training
Marketing
Branding
Territory Restrictions
Non-Competition
Non-Solicitation
Warranties
Representations
Indemnification
Limitation of Liability
Insurance
Force Majeure
Assignment
Subcontracting
Notice
Amendment
Waiver
Severability
Entire Agreement
Third Party Rights
Compliance with Laws
Anti-Corruption
Dispute Resolution
Governing Law
Jurisdiction
Relevant Industries

Technology

Manufacturing

Professional Services

Retail and Distribution

Software and IT Services

Telecommunications

Financial Services

Healthcare

Industrial Products

Consumer Goods

Energy and Utilities

Media and Entertainment

Relevant Teams

Legal

Commercial

Business Development

Partner Relations

Sales

Operations

Compliance

Risk Management

Finance

Partner Success

Channel Management

Relevant Roles

Chief Executive Officer

Commercial Director

Head of Partnerships

Legal Counsel

Contract Manager

Business Development Manager

Channel Manager

Partner Success Manager

Alliance Manager

Chief Commercial Officer

Sales Director

Operations Director

Compliance Officer

Risk Manager

Partner Relations Manager

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, validity, interpretation, and general obligations between parties
Austrian Commercial Code (UGB): Regulates commercial relationships and specific provisions for business-to-business contracts and partnerships
Austrian Data Protection Act (DSG): National data protection law implementing and supplementing the GDPR for data processing and sharing between partners
EU General Data Protection Regulation (GDPR): Directly applicable EU regulation governing the processing and transfer of personal data between partners
Austrian Competition Act (KartG): Regulates competition law aspects, including restrictions on anti-competitive agreements between partners
Austrian Consumer Protection Act (KSchG): Relevant if the partnership involves activities affecting consumers or end-users
Austrian Employment Contract Law Adaptation Act (AVRAG): Governs employment aspects if the partnership involves staff transfers or joint employment matters
E-Commerce Act (ECG): Relevant for partnerships involving online business activities or electronic communications
Federal Law against Unfair Competition (UWG): Regulates fair trading practices and protects against unfair competition between business partners
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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