The Business Development Partnership Agreement is a crucial legal instrument used when companies seek to expand their business operations through strategic partnerships in India. This document is essential for organizations looking to leverage external expertise, networks, or resources for business growth while maintaining clear contractual boundaries. It addresses key aspects such as revenue sharing, territorial rights, performance expectations, and protection of intellectual property, all within the framework of Indian law. The agreement is particularly relevant in today's dynamic business environment where companies increasingly rely on collaborative approaches for market expansion and revenue growth. It provides a structured framework that aligns with Indian legal requirements, including the Indian Contract Act, 1872, and the Indian Partnership Act, 1932, while offering flexibility to accommodate various business models and partnership structures.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, business objectives, and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Partnership: Detailed description of the business development activities and territories covered
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Roles and Responsibilities: Specific duties and obligations of each party in the partnership
7. Revenue Sharing and Commercial Terms: Financial arrangements, commission structures, and payment terms
8. Intellectual Property Rights: Ownership and usage rights of IP, including pre-existing IP and newly created IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Non-Competition and Non-Solicitation: Restrictions on competitive activities and employee solicitation
11. Representations and Warranties: Legal promises and assurances made by each party
12. Indemnification: Protection against losses and liability allocation between parties
13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
14. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Marketing and Branding: Guidelines for marketing activities and brand usage - include when partnership involves joint marketing efforts
2. Training and Support: Details of training and support services - include when one party needs to provide technical or operational support
3. Performance Metrics: Specific KPIs and performance evaluation criteria - include when partnership success needs to be measured against defined metrics
4. Insurance Requirements: Specific insurance coverage requirements - include when activities involve significant operational risks
5. Data Protection and Privacy: Compliance with data protection laws - include when partnership involves handling personal or sensitive data
6. Change Control: Process for managing changes to services or deliverables - include in complex partnerships with evolving scope
7. Exit Management: Detailed process for partnership dissolution - include when partnership involves significant integrated operations
8. Compliance with Anti-Corruption Laws: Specific anti-corruption compliance measures - include when dealing with government contracts or high-risk territories
1. Schedule 1 - Territory Definition: Detailed description of geographical areas covered by the partnership
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Service Level Agreement: Specific performance standards and service levels to be maintained
4. Schedule 4 - Approved Business Plan: Detailed business development strategy and targets
5. Schedule 5 - Marketing Guidelines: Specific guidelines for marketing activities and brand usage
6. Schedule 6 - Contact Details: Key contact persons and escalation matrix
7. Appendix A - Standard Operating Procedures: Detailed operational procedures and processes
8. Appendix B - Reporting Templates: Standard formats for regular reporting and performance tracking
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