This SLA Distribution agreement template is designed for use in the Australian market where a service provider wishes to appoint a distributor while maintaining specific service quality standards. The document is particularly relevant when the distribution relationship requires ongoing service commitments, technical support, or maintenance obligations. It incorporates key elements of Australian competition law, consumer protection requirements, and industry-specific regulations, while establishing clear performance metrics and service level standards. The agreement is structured to protect both parties' interests while ensuring compliance with Australian legal requirements, including state-specific regulations where applicable. This template should be used when a standard distribution agreement needs to be enhanced with detailed service level commitments, making it ideal for technical products, software, or services requiring consistent quality standards throughout the distribution chain.
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1. Parties: Identifies and defines the service provider and distributor, including their registered addresses and company details
2. Background: Contextualizes the agreement, states the purpose and intentions of the parties
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Territory: Specifies the appointment of the distributor and defines the geographical territory for distribution
5. Service Levels: Details the agreed service standards, including response times, availability, and quality metrics
6. Distribution Rights and Limitations: Outlines the scope of distribution rights, exclusivity terms, and any restrictions
7. Performance Monitoring: Describes how service levels will be measured, monitored, and reported
8. Fees and Payment Terms: Specifies pricing, payment schedules, and financial terms
9. Support and Maintenance: Details the support services and maintenance obligations
10. Term and Termination: Specifies the duration of the agreement and termination conditions
11. Confidentiality: Addresses the protection of confidential information
12. Liability and Indemnification: Outlines liability limitations and indemnification obligations
13. Dispute Resolution: Establishes procedures for resolving disputes
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Intellectual Property Rights: Required when the distribution involves licensed IP or branded products
2. Data Protection: Necessary when personal data processing is involved in service delivery
3. Insurance Requirements: Include when specific insurance coverage is required for the services
4. Marketing and Promotion: Include when the distributor has specific marketing obligations or restrictions
5. Training Requirements: Required when the service provider must provide training to the distributor
6. Disaster Recovery: Include for critical services requiring business continuity planning
7. Compliance with Laws: Include when specific regulatory compliance requirements apply
8. Sub-contractors: Required when the distributor may engage sub-contractors
9. Change Management: Include when formal processes for service changes are needed
1. Schedule 1 - Service Level Specifications: Detailed technical specifications of the services and performance standards
2. Schedule 2 - Key Performance Indicators: Specific metrics and targets for measuring service performance
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
4. Schedule 4 - Territory Map: Geographical definition of the distribution territory
5. Schedule 5 - Support Procedures: Detailed procedures for support and maintenance services
6. Schedule 6 - Reporting Requirements: Templates and specifications for required reports
7. Schedule 7 - Escalation Procedures: Process for escalating service issues and disputes
8. Appendix A - Contact Details: Key contacts for both parties
9. Appendix B - Technical Requirements: Technical specifications and requirements for service delivery
Relevant legal definitions
Agreement
Applicable Law
Business Day
Commencement Date
Confidential Information
Customer
Defaulting Party
Deliverables
Distribution Rights
Distribution Territory
Distributor
End User
Exclusive Territory
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Performance Indicators
Licensed Materials
Minimum Performance Requirements
Non-Exclusive Territory
Notice
Operating Hours
Performance Credits
Performance Reports
Personnel
Products
Quarter
Renewal Term
Response Time
Service Credits
Service Levels
Service Provider
Services
SLA Metrics
Specifications
Sub-distributor
Support Services
Term
Territory
Third Party
Trade Marks
Uptime
Working Hours
Year
Applicable Law
Business Day
Commencement Date
Confidential Information
Customer
Defaulting Party
Deliverables
Distribution Rights
Distribution Territory
Distributor
End User
Exclusive Territory
Force Majeure Event
GST
Initial Term
Intellectual Property Rights
Key Performance Indicators
Licensed Materials
Minimum Performance Requirements
Non-Exclusive Territory
Notice
Operating Hours
Performance Credits
Performance Reports
Personnel
Products
Quarter
Renewal Term
Response Time
Service Credits
Service Levels
Service Provider
Services
SLA Metrics
Specifications
Sub-distributor
Support Services
Term
Territory
Third Party
Trade Marks
Uptime
Working Hours
Year
Clauses
Interpretation
Appointment
Territory Rights
Distribution Rights
Service Levels
Performance Metrics
Quality Standards
Support Services
Training
Fees and Payment
Invoicing
Price Changes
Minimum Purchase Requirements
Marketing and Promotion
Intellectual Property
Branding
Confidentiality
Data Protection
Warranties
Indemnification
Liability
Insurance
Compliance
Audit Rights
Reporting
Record Keeping
Term
Termination
Force Majeure
Sub-contracting
Assignment
Non-Competition
Non-Solicitation
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Relationship of Parties
Third Party Rights
GST and Taxation
Business Continuity
Change Management
Appointment
Territory Rights
Distribution Rights
Service Levels
Performance Metrics
Quality Standards
Support Services
Training
Fees and Payment
Invoicing
Price Changes
Minimum Purchase Requirements
Marketing and Promotion
Intellectual Property
Branding
Confidentiality
Data Protection
Warranties
Indemnification
Liability
Insurance
Compliance
Audit Rights
Reporting
Record Keeping
Term
Termination
Force Majeure
Sub-contracting
Assignment
Non-Competition
Non-Solicitation
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Relationship of Parties
Third Party Rights
GST and Taxation
Business Continuity
Change Management
Relevant Industries
Technology and Software
Telecommunications
Manufacturing
Consumer Goods
Healthcare and Medical Devices
Industrial Equipment
Automotive
Professional Services
Food and Beverage
Electronics
Relevant Teams
Legal
Operations
Commercial
Sales
Distribution
Service Delivery
Compliance
Quality Assurance
Supply Chain
Customer Success
Business Development
Partner Management
Relevant Roles
Commercial Director
Distribution Manager
Service Delivery Manager
Contract Manager
Operations Director
Business Development Manager
Legal Counsel
Compliance Officer
Sales Director
Channel Manager
Partnership Manager
Quality Assurance Manager
Supply Chain Manager
Customer Success Manager
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