The Master Partner Agreement serves as the cornerstone document for establishing formal business partnerships in Malaysia. This agreement is essential when companies wish to create long-term collaborative relationships with partners, distributors, resellers, or service providers. It provides a comprehensive framework that addresses all crucial aspects of the partnership, including commercial terms, operational requirements, intellectual property rights, and compliance with Malaysian regulations. The document is specifically structured to accommodate Malaysian legal requirements while incorporating international best practices in commercial partnerships. The Master Partner Agreement is particularly valuable for businesses expanding their market presence through partner networks, as it establishes clear guidelines and protections for both parties while maintaining flexibility for future business growth.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions and interpretation of key terms used throughout the agreement
4. Appointment and Scope: Terms of partner appointment and scope of the partnership
5. Term and Termination: Duration of the agreement and termination provisions
6. Partner Obligations: Core obligations and responsibilities of the partner
7. Principal Obligations: Core obligations and responsibilities of the principal party
8. Commercial Terms: Key commercial provisions including pricing, payment terms, and revenue sharing
9. Intellectual Property Rights: IP ownership, licenses, and usage rights
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: Compliance with data protection laws and data handling requirements
12. Representations and Warranties: Standard representations and warranties from both parties
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for handling events beyond parties' control
15. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Marketing and Branding: Guidelines for use of trademarks and marketing materials when partner has marketing rights
2. Service Levels: Specific performance metrics and service levels when applicable to the partnership
3. Training Requirements: Partner training and certification requirements if required for specific industries or technical products
4. Compliance Requirements: Industry-specific compliance obligations for regulated sectors
5. Insurance Requirements: Specific insurance obligations when dealing with high-risk activities or regulated industries
6. Territory Restrictions: Geographical limitations and territory-specific terms for international partnerships
7. Non-Competition: Non-compete provisions when exclusivity or market protection is required
8. Change Control: Formal process for managing changes to services or deliverables in complex partnerships
9. Business Continuity: Business continuity and disaster recovery requirements for critical partnerships
10. Environmental Compliance: Environmental standards and compliance for partnerships involving environmental impacts
1. Schedule 1 - Commercial Terms: Detailed pricing, commission structures, and payment terms
2. Schedule 2 - Service Description: Detailed description of services or products covered by the partnership
3. Schedule 3 - Service Levels: Detailed service level requirements and measurements
4. Schedule 4 - Technical Requirements: Technical specifications and requirements
5. Schedule 5 - Support Services: Details of support services and escalation procedures
6. Schedule 6 - Territories: List of authorized territories and any territory-specific requirements
7. Schedule 7 - Approved Sub-contractors: List of approved sub-contractors and related terms
8. Schedule 8 - Data Processing Agreement: Detailed data processing terms and requirements
9. Schedule 9 - Business Continuity Requirements: Detailed business continuity and disaster recovery procedures
10. Appendix A - Required Forms: Standard forms and templates used in the partnership
11. Appendix B - Contact Details: Key contacts and escalation matrices
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