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Revenue Share Agreement for Australia

Revenue Share Agreement Template for Australia

A Revenue Share Agreement is a legally binding contract under Australian law that establishes the terms and conditions for sharing revenue generated from specific business activities between two or more parties. The agreement details the calculation methodology, payment terms, reporting requirements, and audit rights while ensuring compliance with Australian competition, tax, and corporations law. It includes provisions for dispute resolution, confidentiality, and intellectual property rights, making it suitable for various commercial arrangements where parties collaborate to generate and share revenue.

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What is a Revenue Share Agreement?

A Revenue Share Agreement is essential for business arrangements where multiple parties contribute to revenue generation and agree to share the proceeds according to predetermined terms. This document is particularly relevant in the Australian business context, where it must comply with various legislative requirements including the Competition and Consumer Act 2010, the Corporations Act 2001, and relevant tax legislation. The agreement typically outlines the revenue calculation methodology, payment mechanisms, reporting obligations, and audit rights. It's commonly used in technology partnerships, content distribution arrangements, joint ventures, and platform-based business models. The Revenue Share Agreement should be carefully structured to address specific commercial requirements while ensuring regulatory compliance and providing adequate protection for all parties involved.

What sections should be included in a Revenue Share Agreement?

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and commercial intent of the revenue sharing arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Revenue Share Terms: Specifies the core revenue sharing arrangement, including calculation methodology and percentages

5. Payment Terms: Details the timing, method, and currency of payments

6. Reporting and Audit Rights: Establishes reporting requirements and rights to verify revenue calculations

7. Confidentiality: Protects sensitive business information shared between parties

8. Intellectual Property: Addresses ownership and usage rights of IP involved in generating revenue

9. Term and Termination: Specifies duration of agreement and circumstances for termination

10. Dispute Resolution: Establishes process for resolving disagreements

11. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

What sections are optional to include in a Revenue Share Agreement?

1. Marketing and Promotion: Used when parties have specific obligations regarding marketing of products/services generating revenue

2. Minimum Performance Requirements: Include when setting minimum revenue or performance targets

3. Territory Restrictions: Required when revenue sharing is limited to specific geographic areas

4. Exclusivity Provisions: Include when parties agree to exclusive arrangements

5. Change of Control: Required for agreements where change in company ownership affects rights

6. Data Protection: Include when personal data processing is involved in revenue generation

7. Force Majeure: Optional protection against unforeseen events affecting revenue generation

8. Bank Guarantee/Security: Include when additional financial security is required

What schedules should be included in a Revenue Share Agreement?

1. Schedule 1 - Revenue Calculation Methodology: Detailed explanation of how revenue is calculated, including formulas and examples

2. Schedule 2 - Reporting Template: Standard format for regular revenue reports

3. Schedule 3 - Products/Services: List of products or services covered by the revenue sharing arrangement

4. Schedule 4 - Territory Definition: Detailed description of geographic territories if applicable

5. Schedule 5 - Key Performance Indicators: Specific metrics and targets for measuring performance

6. Appendix A - Authorized Representatives: List of authorized contacts for each party

7. Appendix B - Bank Account Details: Payment account information for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions











































Clauses




































Relevant Industries

Technology

Media and Entertainment

E-commerce

Financial Services

Software and SaaS

Digital Marketing

Gaming

Professional Services

Retail

Telecommunications

Publishing

Healthcare Technology

Education Technology

Relevant Teams

Legal

Finance

Commercial

Business Development

Operations

Sales

Accounting

Compliance

Strategy

Treasury

Relevant Roles

Chief Financial Officer

Commercial Director

Business Development Manager

Legal Counsel

Contract Manager

Finance Manager

Revenue Manager

Partnership Manager

Operations Director

Chief Executive Officer

Commercial Lawyer

Accounts Manager

Sales Director

Licensing Manager

Business Analyst

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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