The Online Business Partnership Agreement is essential for parties seeking to establish a formal partnership for online business ventures under Maltese jurisdiction. This document is particularly relevant given Malta's growing position as a European digital business hub and its comprehensive regulatory framework for online operations. It should be used when two or more parties wish to collaborate in operating an online business, whether it's an e-commerce platform, digital service provider, or any internet-based venture. The agreement covers crucial aspects such as digital asset ownership, online operations management, data protection compliance, and profit sharing arrangements. It incorporates requirements from Malta's Electronic Commerce Act, Data Protection Act, and other relevant digital business regulations. The document is structured to address both traditional partnership elements and specific considerations for online operations, making it suitable for various types of digital business collaborations.
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1. Parties: Identification and details of the partnering entities
2. Background: Context of the partnership and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including technical and online business-specific terminology
4. Partnership Structure: Legal form of partnership, ownership percentages, and registration details
5. Business Scope: Description of online business activities, territories, and permitted operations
6. Contributions: Initial and ongoing capital, resource, and asset contributions from each partner
7. Roles and Responsibilities: Specific duties of each partner in managing the online business
8. Digital Assets and Intellectual Property: Ownership and management of websites, domains, software, and other digital assets
9. Financial Management: Profit sharing, loss distribution, accounting practices, and financial controls
10. Data Protection and Privacy: Compliance with GDPR and Maltese data protection laws
11. Technical Operations: Website management, hosting, maintenance, and technical responsibilities
12. Decision Making: Voting rights and procedures for business decisions
13. Term and Termination: Duration of partnership and conditions for termination
14. Dispute Resolution: Procedures for resolving conflicts between partners
15. Governing Law: Confirmation of Maltese law governance and jurisdiction
1. Non-Compete: Restrictions on partners engaging in competing online businesses - include when partners have other digital ventures
2. White Label Services: Provisions for offering services under other brands - include when the business model includes white labeling
3. Affiliate Programs: Terms for managing affiliate marketing programs - include when using affiliate marketing
4. International Operations: Specific provisions for cross-border activities - include for international operations
5. Third-Party Integration: Terms for integrating third-party services and APIs - include when using external services
6. Cryptocurrency Transactions: Provisions for handling digital currencies - include if accepting crypto payments
7. Social Media Management: Guidelines for social media account ownership and management - include if social media is key to business
8. Emergency Protocols: Procedures for handling technical emergencies and data breaches - include for high-risk operations
1. Schedule 1: Capital Contributions: Detailed breakdown of each partner's initial and committed capital contributions
2. Schedule 2: Technical Infrastructure: Specifications of technical setup, hosting arrangements, and system architecture
3. Schedule 3: Digital Assets Inventory: List of all digital assets, including domains, software licenses, and intellectual property
4. Schedule 4: Revenue Sharing Formula: Detailed calculations and methods for profit distribution
5. Schedule 5: Operational Procedures: Day-to-day operational guidelines and procedures
6. Schedule 6: Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
7. Schedule 7: Service Level Agreements: Performance metrics and service standards for the online platform
8. Appendix A: Partner Contact Details: Complete contact information and escalation matrices
9. Appendix B: Compliance Checklist: List of regulatory requirements and compliance measures
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