Software Partner Agreement Template for Belgium

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Key Requirements PROMPT example:

Software Partner Agreement

"I need a Software Partner Agreement under Belgian law for appointing a value-added reseller partner who will distribute our cloud-based accounting software exclusively in the Benelux region, with rights to provide implementation services and first-line support to end customers."

Document background
The Software Partner Agreement is essential for businesses operating in Belgium's software and technology sector, establishing formal partnership arrangements between software providers and various types of business partners. This agreement is specifically designed to comply with Belgian legal requirements, including the Belgian Civil Code, Code of Economic Law, and EU regulations such as GDPR. It's particularly relevant when software companies want to expand their market reach through partner networks, requiring detailed terms for software distribution, implementation, support, and revenue sharing. The document addresses crucial aspects like intellectual property protection, data processing requirements, service level commitments, and partner obligations, while incorporating specific Belgian B2B fairness provisions introduced by the 2019 B2B Law. This agreement is commonly used when establishing new channel partnerships, reseller relationships, or system integration collaborations in the Belgian market.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details

2. Background: Context of the partnership, brief description of each party's business, and general purpose of the agreement

3. Definitions and Interpretation: Detailed definitions of technical terms, business concepts, and interpretation rules for the agreement

4. Scope of Partnership: Detailed description of the partnership arrangement, including rights and obligations of each party

5. License Grants: Specific software licenses granted between parties, including usage rights and restrictions

6. Partner Obligations: Detailed responsibilities of the partner, including marketing, sales, and technical requirements

7. Software Provider Obligations: Provider's responsibilities including software delivery, updates, and support

8. Service Levels: Performance standards, availability requirements, and response times

9. Fees and Payment Terms: Financial terms, revenue sharing model, payment schedules, and billing procedures

10. Intellectual Property Rights: IP ownership, protection measures, and usage rights

11. Data Protection and Security: GDPR compliance measures, data processing terms, and security requirements

12. Confidentiality: Protection of confidential information and trade secrets

13. Term and Termination: Duration of agreement, renewal terms, and termination conditions

14. Post-Termination Obligations: Obligations surviving termination and wind-down procedures

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

Optional Sections

1. White-Label Rights: Terms for rebranding and reselling software under partner's brand

2. Territory and Exclusivity: Geographic restrictions and any exclusive rights granted to the partner

3. Marketing and Branding: Specific requirements for marketing activities and brand usage

4. Training and Certification: Requirements for partner staff training and certification programs

5. Professional Services: Terms for additional implementation or consulting services

6. Source Code Escrow: Terms for source code protection and release conditions

7. Insurance Requirements: Specific insurance coverage requirements for either party

8. Audit Rights: Terms allowing audit of partner's compliance with agreement terms

9. Minimum Performance Requirements: Sales targets or other performance metrics required to maintain partnership status

Suggested Schedules

1. Schedule 1: Software Description and Specifications: Detailed technical specifications of the software

2. Schedule 2: Service Level Agreement: Detailed service levels, metrics, and remedies

3. Schedule 3: Fee Schedule: Detailed pricing, commission rates, and payment terms

4. Schedule 4: Support Services: Description of support services and procedures

5. Schedule 5: Data Processing Agreement: Detailed GDPR-compliant data processing terms

6. Schedule 6: Partner Certification Requirements: Technical and sales certification requirements

7. Schedule 7: Marketing Guidelines: Brand usage guidelines and marketing requirements

8. Appendix A: Approved Territory: List of approved geographic territories for partnership

9. Appendix B: Partner Types and Levels: Description of partnership tiers and associated benefits

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software Development

Cloud Services

Financial Services

Healthcare Technology

E-commerce

Telecommunications

Manufacturing

Professional Services

Education Technology

Retail Technology

Industrial Automation

Business Services

Digital Marketing

Cybersecurity

Relevant Teams

Legal

Business Development

Sales

Partner Relations

Commercial

Product Management

Strategic Alliances

Channel Management

Compliance

Revenue Operations

Partner Success

Contract Administration

Relevant Roles

Chief Technology Officer

Partner Channel Manager

Business Development Director

Legal Counsel

Partnerships Director

Sales Director

Software Licensing Manager

Alliance Manager

Commercial Director

VP of Strategic Partnerships

Chief Revenue Officer

Contract Manager

Partner Success Manager

Channel Development Manager

Chief Legal Officer

Technology Partnership Lead

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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