The Master Partner Agreement is designed for businesses seeking to establish formal partnership arrangements under Dutch law. It serves as the foundational document governing the relationship between companies engaging in various forms of business collaboration, such as reselling, distribution, implementation, or service delivery. This agreement is particularly relevant in today's interconnected business environment where companies increasingly rely on partner ecosystems to deliver products and services. The document incorporates key provisions required under Dutch legal framework and EU regulations, including GDPR compliance, competition law considerations, and commercial agency requirements where applicable. It is structured to provide comprehensive coverage of essential partnership elements while maintaining flexibility to accommodate specific business needs through schedules and appendices.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the partnership and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope: Formal appointment of partner and scope of partnership
5. Partner Rights and Obligations: Core responsibilities and rights of the partner
6. Company Rights and Obligations: Core responsibilities and rights of the company
7. Financial Terms: Pricing, payment terms, invoicing, and financial obligations
8. Intellectual Property Rights: IP ownership, licenses, and usage rights
9. Confidentiality: Protection and handling of confidential information
10. Data Protection: GDPR compliance and data handling requirements
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Liability limitations and indemnification obligations
13. Force Majeure: Handling of events beyond parties' reasonable control
14. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
15. Governing Law and Jurisdiction: Dutch law application and dispute resolution
1. Marketing and Promotion: Include when partnership involves co-marketing or promotional activities
2. Service Levels: Include when specific performance metrics need to be maintained
3. Personnel and Training: Include when partnership involves staff deployment or training requirements
4. Insurance: Include when specific insurance requirements are necessary
5. Compliance with Anti-Corruption Laws: Include for international partnerships or high-risk sectors
6. Territory Restrictions: Include when partnership is limited to specific geographic areas
7. Non-Competition: Include when exclusivity or competition restrictions are required
8. Parent Company Guarantee: Include when financial security from parent company is required
1. Commercial Terms: Detailed pricing, commission structures, and financial arrangements
2. Service Description: Detailed description of services or products covered by partnership
3. Service Level Agreement: Specific performance metrics and measurement criteria
4. Technical Requirements: Technical specifications and integration requirements
5. Partner Policies: Operational policies and procedures for partner relationship
6. Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Territory Schedule: Detailed description of geographic territories and restrictions
8. Approved Subcontractors: List of pre-approved subcontractors if applicable
9. Brand Guidelines: Requirements for use of trademarks and branding
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