The SaaS Partnership Agreement, governed by Belgian law, is essential for software companies looking to expand their market presence through partner networks. This document is typically used when a SaaS provider wants to establish a formal relationship with partners for reselling, implementing, or integrating their software solutions. The agreement incorporates critical elements of Belgian and EU legislation, particularly regarding data protection (GDPR), electronic commerce, and digital services. It defines the partnership's commercial structure, technical requirements, service levels, revenue sharing models, and compliance obligations. The document is crucial for ensuring clear understanding of roles, responsibilities, and rights between the SaaS provider and their partners, while maintaining compliance with relevant Belgian and EU regulations.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the partnership and brief description of each party's business
3. Definitions: Definitions of key terms used throughout the agreement
4. Partnership Scope and Structure: Definition of partnership type, territories, and exclusivity arrangements
5. Partner Rights and Obligations: Detailed responsibilities and rights of the partner
6. Provider Rights and Obligations: Detailed responsibilities and rights of the SaaS provider
7. Service Description and Service Levels: Description of the SaaS solution and associated service level commitments
8. Financial Terms: Partnership fees, revenue sharing, payment terms, and financial obligations
9. Data Protection and Security: GDPR compliance, data processing terms, and security requirements
10. Intellectual Property Rights: IP ownership, licenses, and usage rights
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal, and termination conditions
13. Warranties and Indemnities: Representations, warranties, and indemnification obligations
14. Liability and Limitations: Limitation of liability and force majeure provisions
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Marketing and Promotion: Specific terms for joint marketing activities and brand usage - include when partnership involves co-marketing
2. Training and Support: Details of training and support provided to partner - include for complex SaaS solutions requiring extensive partner enablement
3. Professional Services: Terms for additional professional services - include when partner will provide implementation or consulting services
4. White Labeling: Terms for white-label usage of the SaaS solution - include when partner will rebrand the solution
5. Minimum Performance Requirements: Performance targets and consequences - include for partnerships with specific revenue or growth targets
6. Insurance Requirements: Specific insurance obligations - include for high-risk or regulated industries
7. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated sectors
8. Disaster Recovery: Detailed disaster recovery obligations - include for critical business applications
1. Schedule 1 - Service Description: Detailed technical specifications of the SaaS solution
2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies
3. Schedule 3 - Pricing and Commission Structure: Detailed pricing, revenue sharing, and commission calculations
4. Schedule 4 - Support Services: Support level definitions and procedures
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Security Requirements: Technical and organizational security measures
7. Schedule 7 - Partner Certification Requirements: Required certifications and training for partner status
8. Schedule 8 - Territory and Customer Segmentation: Detailed definition of territorial rights and customer segments
9. Appendix A - Authorized Partner Personnel: List of key partner personnel and their roles
10. Appendix B - Technical Integration Requirements: Technical specifications for system integration
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