Revenue Sharing Joint Development Agreement Template for South Africa

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Key Requirements PROMPT example:

Revenue Sharing Joint Development Agreement

"I need a Revenue Sharing Joint Development Agreement for a collaboration between our software company and a research institution in South Africa, where we'll jointly develop AI algorithms for mining safety, with development starting March 2025 and revenue to be split 60-40."

Document background
The Revenue Sharing Joint Development Agreement is essential for organizations engaging in collaborative development projects in South Africa where parties intend to share both development responsibilities and future revenues. This agreement type is particularly relevant when organizations combine different expertise, technologies, or resources to develop new products, services, or technologies, with an agreement to share the resulting revenue. It must comply with South African legal requirements, including companies law, competition law, and B-BBEE legislation. The document typically includes detailed provisions for project governance, intellectual property rights, development methodologies, revenue calculation and distribution mechanisms, and risk allocation. It's commonly used in technology, manufacturing, and R&D sectors where collaborative development and commercialization are crucial for innovation and market success.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement, including the parties' expertise and reasons for collaboration

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Project Scope and Objectives: Detailed description of the joint development project and its intended outcomes

5. Contributions of Parties: Specific contributions (financial, technical, resources) required from each party

6. Revenue Sharing Framework: Structure and mechanics of how revenues will be shared between parties

7. Development Process: Steps, milestones, and timelines for the development activities

8. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP

9. Governance and Management: Decision-making processes, management structure, and oversight mechanisms

10. Financial Provisions: Financial obligations, costs, expenses, and payment terms

11. Confidentiality: Protection and handling of confidential information

12. Term and Termination: Duration of agreement and circumstances for termination

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, required when parties are competitors or have significant market share

2. B-BBEE Provisions: Specific provisions for B-BBEE compliance and scoring, required for South African entities subject to B-BBEE requirements

3. Exchange Control Provisions: Provisions dealing with cross-border payments and compliance, needed when foreign parties are involved

4. Technology Transfer: Specific provisions for technology transfer between parties, needed when significant technical knowledge sharing is involved

5. Marketing and Branding: Provisions regarding joint marketing efforts and brand usage, relevant when product commercialization is part of the project

6. Force Majeure: Provisions for handling unforeseen circumstances, particularly relevant in long-term development projects

7. Environmental Compliance: Required when the development activities have environmental implications

8. Third Party Rights: Provisions regarding involvement of third parties in development or commercialization

Suggested Schedules

1. Project Plan: Detailed timeline, milestones, and deliverables for the development project

2. Revenue Calculation Methodology: Detailed formula and examples for calculating and distributing revenue

3. Technical Specifications: Technical requirements and specifications for the development work

4. Background IP: List and details of pre-existing intellectual property brought by each party

5. Key Personnel: List of key team members and their roles from each party

6. Budget and Cost Allocation: Detailed project budget and cost sharing arrangements

7. Governance Procedures: Detailed procedures for project management and decision-making

8. Testing and Acceptance Criteria: Criteria and procedures for accepting developed items

9. Service Levels: Performance metrics and standards for the development work

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Manufacturing

Pharmaceuticals

Mining

Software Development

Biotechnology

Renewable Energy

Telecommunications

Automotive

Agriculture

Healthcare

Financial Services

Research & Development

Relevant Teams

Legal

Research & Development

Finance

Business Development

Commercial

Operations

Innovation

Strategy

Intellectual Property

Project Management

Partnerships

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Head of Research & Development

Legal Counsel

Commercial Director

Business Development Manager

Project Manager

Innovation Director

Research Director

Partnerships Manager

Intellectual Property Manager

Finance Director

Strategy Director

Operations Director

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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