The Technology Partner Agreement serves as a crucial legal framework for establishing technology-based collaborations in the Philippines. It is specifically designed for situations where organizations seek to formalize partnerships for technology service delivery, software development, system integration, or platform access. The agreement must comply with Philippine legislation including the E-Commerce Act (RA 8792), Data Privacy Act (RA 10173), and Intellectual Property Code (RA 8293). It typically includes comprehensive provisions for technology licensing, service levels, data protection, intellectual property rights, and operational responsibilities. This document is essential for businesses engaging in digital transformation initiatives, technology service provision, or strategic technology partnerships within the Philippine jurisdiction.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the partnership, business objectives, and general intent of the parties
3. Definitions: Detailed definitions of technical terms, key concepts, and important phrases used throughout the agreement
4. Scope of Partnership: Detailed description of the partnership scope, roles, and responsibilities of each party
5. Technology License and Usage Rights: Terms governing the licensing, use, and access to technology assets
6. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures
7. Service Levels and Performance: Performance standards, metrics, and service level requirements
8. Intellectual Property Rights: ownership and protection of IP, including pre-existing IP and newly developed IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Term and Termination: Duration of agreement, renewal terms, and termination conditions
11. Fees and Payment: Financial terms, payment schedules, and pricing mechanisms
12. Representations and Warranties: Mutual assurances and guarantees by both parties
13. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including force majeure, notices, and assignment
1. Marketing and Promotion: Terms governing joint marketing activities and brand usage - include when partnership involves co-marketing
2. Training and Support: Obligations regarding technical training and ongoing support - include when significant knowledge transfer is required
3. Source Code Escrow: Terms for source code protection and access - include when critical proprietary software is involved
4. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries
5. Business Continuity: Disaster recovery and business continuity requirements - include for mission-critical services
6. Security Requirements: Detailed security protocols and requirements - include for high-security implementations
7. Change Management: Procedures for managing changes to services or technology - include for complex technical implementations
8. Audit Rights: Terms allowing for audit of operations and compliance - include when regulatory compliance is critical
1. Schedule A - Technical Specifications: Detailed technical specifications of technology, systems, or services
2. Schedule B - Service Level Agreement: Detailed service levels, metrics, and performance requirements
3. Schedule C - Fee Schedule: Detailed pricing, payment terms, and fee calculations
4. Schedule D - Support Services: Description of support services, response times, and escalation procedures
5. Schedule E - Data Processing Agreement: Detailed terms for data processing and privacy compliance
6. Schedule F - Implementation Plan: Timeline and milestones for technology implementation
7. Schedule G - Security Requirements: Detailed security protocols and requirements
8. Appendix 1 - Authorized Personnel: List of key personnel and contact information
9. Appendix 2 - Approved Subcontractors: List of approved third-party service providers
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Financial Services
E-commerce
Healthcare
Manufacturing
Retail
Education
Government Services
Business Process Outsourcing
Digital Media
Professional Services
Logistics and Supply Chain
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Information Security
Business Development
Operations
Compliance
Project Management
Service Delivery
Strategic Partnerships
Risk Management
Technical Architecture
Vendor Management
Relevant Roles
Chief Technology Officer
Chief Information Officer
IT Director
Legal Counsel
Procurement Manager
Technology Partnership Manager
Solutions Architect
Information Security Officer
Business Development Director
Operations Manager
Contract Manager
Digital Transformation Lead
Technology Compliance Officer
Project Manager
Service Delivery Manager
Strategic Alliance Director
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