This Revenue Share Agreement template is designed for use in business arrangements where parties agree to share revenue generated from specific business activities, products, or services under Austrian law. It is particularly relevant for commercial partnerships, digital platforms, licensing arrangements, and collaborative business ventures where revenue sharing is a key component of the business relationship. The document addresses critical aspects such as revenue calculation methodology, payment terms, reporting requirements, and audit rights, while ensuring compliance with Austrian commercial code (UGB), tax regulations, and relevant business partnership laws. It can be customized for various business models and includes provisions for both traditional and digital revenue streams, making it suitable for modern business arrangements while maintaining alignment with Austrian legal requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship between the parties
3. Definitions: Key terms used throughout the agreement, including 'Revenue', 'Gross Revenue', 'Net Revenue', and calculation periods
4. Revenue Share Terms: Core revenue sharing percentages and calculation methodology
5. Revenue Calculation and Reporting: Detailed process for calculating revenue and reporting requirements
6. Payment Terms: Payment schedule, method, currency, and late payment consequences
7. Audit Rights: Rights and procedures for auditing revenue calculations and supporting documentation
8. Representations and Warranties: Basic assurances from each party regarding their capacity and authority
9. Confidentiality: Protection of confidential information shared during the revenue sharing arrangement
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Minimum Guarantee: Used when there's a guaranteed minimum payment regardless of actual revenue
2. Territory Restrictions: Include when revenue sharing is limited to specific geographic regions
3. Intellectual Property Rights: Required when the revenue is generated from IP-based products or services
4. Marketing and Promotion: Include when parties have specific marketing obligations affecting revenue generation
5. Non-Competition: Add when parties need restrictions on competing activities
6. Force Majeure: Include for protection against unforeseen circumstances affecting revenue generation
7. Data Protection: Required when personal data processing is involved in revenue calculation
8. Assignment Rights: Include when transfer of rights needs specific regulation
1. Revenue Calculation Methodology: Detailed formula and examples of revenue calculations
2. Revenue Share Percentages: Breakdown of share percentages, including any sliding scales or thresholds
3. Reporting Template: Standard format for regular revenue reports
4. Excluded Revenue: List of revenue sources explicitly excluded from the sharing arrangement
5. Key Performance Indicators: Metrics used to measure performance and impact on revenue share calculations
6. Audit Procedures: Detailed procedures for conducting revenue audits
7. Authorized Bank Accounts: List of approved accounts for revenue share payments
Relevant legal definitions
Clauses
Relevant Industries
Technology
Media and Entertainment
E-commerce
Software Development
Digital Services
Publishing
Retail
Professional Services
Financial Services
Gaming
Telecommunications
Consulting
Real Estate
Manufacturing
Relevant Teams
Legal
Finance
Commercial
Business Development
Sales
Operations
Accounting
Compliance
Partnership Management
Revenue Operations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Commercial Director
Business Development Manager
Legal Counsel
Contract Manager
Finance Manager
Partnership Manager
Revenue Manager
Operations Director
Sales Director
Licensing Manager
Account Manager
Business Analyst
Financial Controller
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