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SaaS Partnership Agreement

SaaS Partnership Agreement Template for Australia

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Key Requirements PROMPT example:

SaaS Partnership Agreement Template

"I need a SaaS Partnership Agreement Template for an Australian fintech company planning to partner with system integrators to resell our payment processing software, with specific focus on data security compliance and revenue sharing models."

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Document background
The SaaS Partnership Agreement Template is designed for use in the Australian market where software-as-a-service providers seek to establish formal partnerships with various business entities. This template is specifically crafted to comply with Australian legislation, including the Privacy Act 1988, Competition and Consumer Act 2010, and Electronic Transactions Act 1999. It provides a structured framework for defining partnership terms, revenue models, service levels, and operational responsibilities while incorporating necessary data protection and security measures required under Australian law. The template is particularly valuable for businesses looking to expand their SaaS offerings through channel partners, resellers, or system integrators, providing comprehensive coverage of essential partnership elements while maintaining flexibility for customization based on specific business needs.
Suggested Sections

1. Parties: Identifies and provides full legal details of all parties entering into the agreement

2. Background: Explains the context and purpose of the partnership, including brief descriptions of each party's business

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Partnership Scope: Defines the nature and scope of the partnership, including territories, market segments, and exclusivity provisions

5. Responsibilities and Obligations: Details the specific duties and obligations of each party in the partnership

6. Service Level Agreement (SLA): Specifies the performance standards, availability requirements, and support levels for the SaaS solution

7. Financial Terms: Outlines the revenue sharing model, payment terms, fees, and financial obligations

8. Intellectual Property Rights: Establishes ownership and usage rights for all intellectual property involved in the partnership

9. Data Protection and Security: Specifies data handling requirements, security measures, and compliance with privacy laws

10. Confidentiality: Defines confidential information and establishes protection mechanisms

11. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions

12. Warranties and Indemnities: Details the warranties provided by each party and indemnification obligations

13. Dispute Resolution: Establishes procedures for resolving disputes between the parties

14. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment rights

Optional Sections

1. Marketing and Promotion: Details marketing responsibilities and brand usage guidelines - include when parties will conduct joint marketing activities

2. Training and Support: Specifies training obligations and support requirements - include when one party will provide training to the other

3. Integration Services: Details any technical integration requirements - include when significant technical integration is needed

4. White Labeling: Specifies terms for white-labeling services - include when one party will rebrand the other's services

5. Territory-Specific Requirements: Addresses specific legal or operational requirements for different territories - include for multi-jurisdiction partnerships

6. Insurance Requirements: Specifies insurance obligations - include for high-risk or regulated industries

7. Change Control: Establishes procedures for managing changes to services or terms - include for complex technical partnerships

8. Disaster Recovery: Details disaster recovery and business continuity requirements - include for critical service provisions

Suggested Schedules

1. Schedule 1 - Service Description: Detailed technical specifications of the SaaS solution and associated services

2. Schedule 2 - Service Levels: Comprehensive SLA metrics, monitoring, and reporting requirements

3. Schedule 3 - Pricing and Payment Terms: Detailed pricing structure, revenue sharing models, and payment procedures

4. Schedule 4 - Support Services: Support level definitions, response times, and escalation procedures

5. Schedule 5 - Data Processing Agreement: Detailed data handling procedures and privacy compliance requirements

6. Schedule 6 - Security Requirements: Specific security standards, protocols, and compliance requirements

7. Appendix A - Authorized Representatives: List of key contacts and authorized representatives from each party

8. Appendix B - Technical Requirements: Detailed technical specifications and integration requirements

9. Appendix C - Brand Guidelines: Brand usage rules and marketing guidelines for both parties

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
Fees
Force Majeure Event
Intellectual Property Rights
Law
License
Partner
Partner Platform
Personal Information
Provider
Revenue Share
SaaS Services
Service Credits
Service Levels
Service Level Agreement
Software
Subscription Term
Support Services
System Requirements
Territory
Third Party Materials
Updates
User Agreement
API
Access Credentials
Background IP
Commencement Date
Deliverables
Implementation Services
Initial Term
Integration
Maintenance Window
Marketing Materials
Minimum Commitment
Partner Network
Payment Terms
Performance Standards
Professional Services
Renewal Term
Security Breach
Security Requirements
Service Availability
Specifications
Upgrade
White Label Services
Clauses
Definitions and Interpretation
Partnership Scope
Grant of Rights
Service Provision
Service Levels
Partner Obligations
Provider Obligations
Implementation
Training and Support
Data Protection
Data Security
Privacy Compliance
Intellectual Property
Confidentiality
Revenue Sharing
Payment Terms
Performance Standards
Marketing and Promotion
Warranties
Indemnification
Limitation of Liability
Insurance
Term and Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Subcontracting
Audit Rights
Reporting
Competition Law Compliance
Consumer Law Compliance
Electronic Transactions
Notice Requirements
Amendment Process
Severability
Entire Agreement
Survival
Relevant Industries

Information Technology

Software Development

Cloud Computing

Professional Services

Financial Services

Healthcare Technology

Education Technology

Retail Technology

Manufacturing Technology

Telecommunications

Business Services

Digital Marketing

E-commerce

Consulting Services

Relevant Teams

Legal

Business Development

Sales

Partnerships

Operations

Compliance

Information Technology

Product Management

Commercial

Executive Leadership

Contract Administration

Relevant Roles

Chief Technology Officer

Business Development Manager

Partnership Manager

Legal Counsel

Commercial Director

Sales Director

Channel Manager

Chief Information Officer

Compliance Officer

Contract Manager

Operations Manager

Account Executive

Alliance Manager

Product Manager

Technology Director

Chief Executive Officer

Industries
Privacy Act 1988 (Cth): Regulates the handling of personal information by businesses and government agencies, including the Australian Privacy Principles (APPs) which are crucial for SaaS providers handling customer data
Competition and Consumer Act 2010 (including Australian Consumer Law): Provides consumer protections and regulates business practices, including unfair contract terms, consumer guarantees, and warranties for services
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and validates electronic signatures and contracts, crucial for SaaS agreements
Copyright Act 1968: Protects intellectual property rights in software, documentation, and other digital content involved in SaaS offerings
Security of Critical Infrastructure Act 2018: Relevant if the SaaS service involves critical infrastructure or systems, requiring specific security measures and reporting obligations
Telecommunications (Interception and Access) Act 1979: Relevant for data transmission and storage aspects of SaaS services, particularly regarding data access and interception
State Fair Trading Acts: State-specific legislation that may impact how services are provided and marketed within different Australian states
Spam Act 2003: Regulates commercial electronic messages, relevant for marketing and communication aspects of the SaaS partnership
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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