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Master Partner Agreement Template for Germany

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Key Requirements PROMPT example:

Master Partner Agreement

"I need a Master Partner Agreement for my software company to appoint resellers across Germany and Austria, launching in January 2025, with specific focus on SaaS product distribution and data protection compliance."

Document background
The Master Partner Agreement serves as the primary contractual framework for establishing and managing business partnerships under German law. This document is essential when companies wish to create formal, long-term partnerships for product distribution, service delivery, or technological collaboration. It incorporates requirements from German commercial and civil law, including the Handelsgesetzbuch (HGB) and Bürgerliches Gesetzbuch (BGB), while ensuring compliance with EU regulations such as GDPR. The agreement typically covers partner classification, rights and obligations, financial terms, intellectual property rights, data protection, quality standards, and termination provisions. Companies utilize this Master Partner Agreement when expanding their market reach through channel partners, establishing reseller networks, or creating strategic alliances.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registered addresses and company details

2. Background: Context of the agreement and brief description of each party's business and partnership intention

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Appointment and Scope: Terms of partner appointment, territory, and scope of partnership

5. Partner Rights and Obligations: Detailed description of partner's rights, responsibilities, and performance requirements

6. Company Rights and Obligations: Company's commitments, support provisions, and obligations to the partner

7. Financial Terms: Compensation structure, payment terms, currencies, and financial obligations

8. Intellectual Property Rights: IP ownership, licenses, usage rights, and restrictions

9. Confidentiality: Confidentiality obligations and information handling requirements

10. Data Protection: GDPR compliance and data processing requirements

11. Term and Termination: Duration, renewal terms, and termination provisions

12. Post-Termination: Obligations and rights after agreement termination

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Governing Law and Jurisdiction: German law application and jurisdiction specifications

16. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Marketing and Promotion: Specific terms for marketing activities and brand usage - include when partner will conduct marketing activities

2. Training and Support: Details of training and support programs - include when technical or product training is required

3. Service Levels: Specific performance metrics and service level requirements - include for technical or service-oriented partnerships

4. Insurance: Insurance requirements and coverage specifications - include for high-risk activities or specific industry requirements

5. Compliance with Laws: Specific regulatory compliance requirements - include for regulated industries

6. Non-Competition: Non-compete provisions - include when protecting market territory is crucial

7. Minimum Performance Requirements: Specific performance targets and consequences - include for sales-oriented partnerships

8. Quality Control: Quality standards and monitoring procedures - include for product-related partnerships

9. Audit Rights: Audit and inspection provisions - include when financial or compliance monitoring is important

Suggested Schedules

1. Schedule 1 - Partner Program Terms: Detailed partnership program levels, requirements, and benefits

2. Schedule 2 - Products and Services: List of products/services covered under the agreement

3. Schedule 3 - Territory Definition: Detailed description of geographical or market territory

4. Schedule 4 - Compensation Structure: Detailed commission rates, fees, and payment calculations

5. Schedule 5 - Service Level Requirements: Specific performance metrics and service level specifications

6. Schedule 6 - Technical Requirements: Technical specifications and requirements

7. Schedule 7 - Approved Branding Guidelines: Brand usage guidelines and approved marketing materials

8. Appendix A - Contact Details: Key contact information for both parties

9. Appendix B - Reporting Templates: Standard templates for required reports

10. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms and conditions

Authors

Alex Denne

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

Relevant legal definitions































































Clauses














































Relevant Industries

Information Technology

Software and SaaS

Manufacturing

Telecommunications

Professional Services

Healthcare Technology

Financial Services

Industrial Equipment

Consumer Electronics

Automotive

Energy and Utilities

Business Services

Retail and E-commerce

Educational Technology

Relevant Teams

Legal

Commercial

Business Development

Sales

Partner Operations

Finance

Compliance

Channel Management

Partner Success

Contract Administration

Partner Development

Strategic Alliances

Relevant Roles

Chief Executive Officer

Chief Commercial Officer

Partner Development Manager

Channel Manager

Business Development Director

Legal Counsel

Contract Manager

Alliance Manager

Sales Director

Partner Operations Manager

Chief Financial Officer

Commercial Director

Partnership Director

General Counsel

Head of Business Development

Account Director

Partner Success Manager

Chief Operations Officer

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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