The Master Partner Agreement serves as the cornerstone document for establishing formal business partnerships in India, providing a structured framework for collaborative business relationships. This agreement is typically used when companies wish to enter into long-term partnerships for activities such as distribution, service delivery, technology implementation, or joint business ventures. It includes detailed provisions covering commercial terms, operational procedures, compliance requirements, and risk allocation, all aligned with Indian legal requirements. The document is designed to be sufficiently flexible to accommodate various types of partnerships while maintaining compliance with Indian regulations, including the Indian Contract Act, Partnership Act, and relevant industry-specific legislation. The Master Partner Agreement typically includes comprehensive schedules and appendices that can be updated as the partnership evolves, without requiring amendments to the main agreement.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Partnership: Overview of partnership scope, territory, and authorized activities
5. Appointment and Term: Terms of appointment, duration, and renewal conditions
6. Rights and Obligations: Core responsibilities and rights of each party
7. Commercial Terms: Payment terms, fees, commissions, and financial arrangements
8. Intellectual Property Rights: IP ownership, licenses, and usage rights
9. Confidentiality: Protection and handling of confidential information
10. Data Protection and Privacy: Data handling obligations and compliance requirements
11. Representations and Warranties: Key assurances and guarantees by each party
12. Indemnification: Indemnity obligations and procedures
13. Limitation of Liability: Scope and limits of party liability
14. Term and Termination: Duration, renewal, termination rights and consequences
15. Force Majeure: Handling of events beyond reasonable control
16. Dispute Resolution: Process for resolving disputes including jurisdiction
17. Governing Law: Applicable law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, assignment, amendments
1. Non-Compete: Restrictions on competitive activities - include when exclusivity is required
2. Insurance: Insurance requirements - include for high-risk activities or regulatory requirements
3. Compliance with Anti-Corruption Laws: Detailed anti-corruption provisions - include for international partnerships or government contracts
4. Environmental Compliance: Environmental standards and obligations - include for manufacturing or environmental-impact activities
5. Quality Control: Quality standards and monitoring - include for product-based partnerships
6. Training and Support: Training obligations and support services - include for technical partnerships
7. Marketing and Branding: Marketing rights and obligations - include when brand usage is involved
8. Export Control: Export compliance requirements - include for international trade
9. Source Code Escrow: Software code protection - include for technology partnerships
10. Service Levels: Performance metrics and standards - include for service-based partnerships
1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commission structures
2. Schedule 2 - Service Specifications: Detailed description of services or products covered
3. Schedule 3 - Territory and Exclusions: Detailed geographical scope and excluded areas/activities
4. Schedule 4 - Performance Metrics: KPIs, targets, and measurement criteria
5. Schedule 5 - Technical Requirements: Technical specifications and standards
6. Schedule 6 - Authorized Representatives: List of key contacts and authorized signatories
7. Schedule 7 - Compliance Requirements: Detailed regulatory and compliance obligations
8. Schedule 8 - Brand Guidelines: Brand usage rules and specifications
9. Appendix A - Forms and Templates: Standard forms for ordering, reporting, etc.
10. Appendix B - Insurance Requirements: Detailed insurance coverage requirements
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