The Software Partner Agreement is a crucial document used to establish formal business relationships between software providers and their partners in the Philippines. It is particularly relevant in cases where a software company wishes to expand its market reach through local partners, resellers, or system integrators. The agreement covers essential aspects such as licensing terms, revenue sharing, territorial rights, and partner obligations, while ensuring compliance with Philippine legal requirements including the Electronic Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Intellectual Property Code (RA 8293). This document is commonly used in the Philippine technology sector where software companies seek to establish distribution networks, implementation partnerships, or reseller relationships, and requires careful consideration of both local regulatory requirements and international software industry standards.
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1. Parties: Identification of the contracting parties with full legal names and addresses
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. Appointment and Scope: Terms of partnership appointment and scope of authorized activities
5. License Grant: Software licensing terms, territory, and usage rights
6. Partner Obligations: Key responsibilities and performance requirements of the partner
7. Provider Obligations: Key responsibilities and commitments of the software provider
8. Intellectual Property Rights: IP ownership, protection, and usage rights
9. Data Protection and Security: Compliance with Philippine Data Privacy Act and security requirements
10. Fees and Payment Terms: Financial terms, payment schedules, and revenue sharing arrangements
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Representations: Standard warranties and representations of both parties
14. Limitation of Liability: Liability caps and exclusions
15. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Marketing and Promotion: Guidelines for marketing activities and brand usage - include if partner will conduct marketing activities
2. Training and Support: Details of training and support provisions - include if provider will offer significant training
3. Service Levels: Performance metrics and service level commitments - include for operational partnerships
4. Insurance: Insurance requirements - include for high-risk or high-value partnerships
5. Source Code Escrow: Source code escrow arrangements - include if partner requires business continuity protection
6. Compliance with Anti-Corruption Laws: Anti-corruption compliance - include for international partnerships or government-related work
7. Disaster Recovery: Disaster recovery and business continuity requirements - include for mission-critical software
8. Professional Services: Terms for additional professional services - include if implementation or customization services are offered
1. Software Description: Detailed description of the software products covered by the agreement
2. Fee Schedule: Detailed breakdown of all fees, commissions, and payment terms
3. Service Level Agreement: Detailed service levels, metrics, and remedies
4. Technical Requirements: Technical specifications and requirements for partner systems
5. Support Services: Detailed description of support services and procedures
6. Territory and Authorized Activities: Detailed description of authorized territory and permitted activities
7. Data Processing Agreement: Detailed terms for compliance with data protection laws
8. Brand Guidelines: Guidelines for use of trademarks and marketing materials
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