Revenue Share Partnership Agreement for Australia

Revenue Share Partnership Agreement Template for Australia

An Australian Revenue Share Partnership Agreement is a comprehensive legal document that establishes the terms and conditions for a business partnership based on sharing revenue generated from specific activities or ventures. Governed by Australian law, including the Partnership Act and relevant state legislation, this agreement details the revenue sharing mechanism, calculation methods, payment terms, and partnership obligations. It includes provisions for financial reporting, audit rights, and dispute resolution, while ensuring compliance with Australian taxation and business regulations.

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What is a Revenue Share Partnership Agreement?

The Revenue Share Partnership Agreement is essential for businesses entering into collaborative arrangements where revenue sharing is a key component of the business model. This document is particularly relevant in the Australian business context, where it must comply with federal and state partnership laws, taxation requirements, and consumer protection regulations. It is commonly used when parties wish to collaborate while maintaining separate legal entities, sharing revenues rather than forming a traditional partnership or joint venture. The agreement typically includes detailed provisions for revenue calculations, payment mechanisms, reporting requirements, and partner obligations. It's particularly important in technology partnerships, platform businesses, and service-based collaborations where revenue sharing is preferred over fixed-fee arrangements. The document should be tailored to meet specific industry requirements while ensuring compliance with Australian legal frameworks.

What sections should be included in a Revenue Share Partnership Agreement?

1. Parties: Identification of all parties entering into the revenue share partnership agreement

2. Background: Context of the partnership, business objectives, and purpose of the agreement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including Revenue, Gross Revenue, Net Revenue, and Excluded Revenue

4. Partnership Structure: Legal structure of the partnership and relationship between parties

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Revenue Share Model: Core revenue sharing calculations, percentages, and distribution mechanisms

7. Payment Terms: Timing, method, and currency of revenue share payments

8. Accounting and Reporting: Requirements for financial reporting, record-keeping, and audit rights

9. Obligations and Responsibilities: Key responsibilities and obligations of each party

10. Intellectual Property: Ownership and usage rights of IP in the partnership

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Grounds and process for termination of the agreement

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard legal provisions including governing law, notices, and assignment

What sections are optional to include in a Revenue Share Partnership Agreement?

1. Non-Compete: Restrictions on competing activities, used when parties operate in similar markets

2. Marketing and Branding: Guidelines for joint marketing activities and brand usage, relevant for customer-facing partnerships

3. Territory Restrictions: Geographic limitations on the partnership, needed for territory-specific arrangements

4. Minimum Performance Requirements: Performance targets and consequences of non-achievement, used in performance-dependent partnerships

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in high-risk or long-term partnerships

6. Data Protection: Specific data handling requirements, necessary when partnership involves personal data processing

7. Insurance Requirements: Specific insurance obligations, important for high-risk activities or regulated industries

8. Change of Control: Provisions dealing with ownership changes, relevant for corporate partnerships

What schedules should be included in a Revenue Share Partnership Agreement?

1. Schedule 1 - Revenue Calculation Methodology: Detailed formula and examples of revenue share calculations

2. Schedule 2 - Excluded Revenue: List of revenue streams excluded from the revenue sharing arrangement

3. Schedule 3 - Reporting Template: Standard format for regular financial reporting

4. Schedule 4 - Key Performance Indicators: Specific metrics for measuring partnership performance

5. Schedule 5 - Operational Procedures: Detailed operational processes and workflows

6. Schedule 6 - Approved Products/Services: List of products or services covered by the revenue sharing arrangement

7. Appendix A - Contact Details: Key contacts and notice details for each party

8. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Technology and Software

E-commerce and Retail

Media and Entertainment

Financial Services

Professional Services

Healthcare

Education and Training

Hospitality and Tourism

Manufacturing

Real Estate

Telecommunications

Digital Marketing

Gaming and Interactive Entertainment

Relevant Teams

Legal

Finance

Commercial

Business Development

Operations

Compliance

Strategy

Treasury

Partnerships

Revenue Management

Account Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Commercial Director

Business Development Manager

Partnership Manager

Finance Manager

Legal Counsel

Contract Manager

Operations Director

Revenue Manager

Compliance Officer

Account Director

Strategy Director

Treasury Manager

Industries
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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