The Preferred Partner Agreement is a strategic commercial document used to formalize preferential business relationships between companies operating under Belgian jurisdiction. It is particularly valuable when organizations wish to establish long-term, privileged business relationships that may include preferential commercial terms, exclusive rights, or enhanced collaboration opportunities. The agreement typically addresses key aspects such as partnership scope, commercial conditions, performance requirements, and compliance with Belgian and EU regulations. This document is essential for companies seeking to create structured partnerships with key business allies while ensuring compliance with Belgian commercial law, competition regulations, and data protection requirements. The agreement's structure accommodates various industry-specific requirements while maintaining the fundamental elements of a robust commercial partnership.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment as preferred partner and scope of the partnership
5. Partner Status and Rights: Details of the preferred partner status and associated rights
6. Commercial Terms: Key commercial conditions including pricing, payment terms, and financial arrangements
7. Obligations of the Partners: Detailed responsibilities and commitments of both parties
8. Performance Standards: Required service levels, quality standards, and performance metrics
9. Term and Termination: Duration of the agreement and termination provisions
10. Intellectual Property Rights: Protection and usage rights of each party's IP
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: GDPR compliance and data handling requirements
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Governing Law and Jurisdiction: Specification of Belgian law application and dispute resolution
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Exclusivity Terms: Used when the agreement includes exclusive rights or territories
2. Marketing and Branding: Include when the partnership involves co-branding or marketing obligations
3. Training and Support: Required when one party must provide training or technical support
4. Insurance Requirements: Include for high-risk activities or when specific insurance coverage is needed
5. Compliance with Industry Standards: Add for regulated industries or specific sector requirements
6. Environmental Compliance: Include when environmental considerations are relevant to the partnership
7. Anti-Corruption Compliance: Add for international partnerships or high-risk markets
8. Change Control Process: Include for technology or service-focused partnerships requiring formal change management
1. Schedule 1 - Commercial Terms: Detailed pricing, payment terms, and commercial conditions
2. Schedule 2 - Service Levels: Specific performance metrics and service level requirements
3. Schedule 3 - Products/Services: Detailed list of products or services covered by the agreement
4. Schedule 4 - Technical Requirements: Technical specifications and operational requirements
5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from both parties
6. Schedule 6 - Territories: Geographic scope and territorial limitations if applicable
7. Appendix A - Reporting Templates: Standard formats for required reporting
8. Appendix B - Escalation Procedures: Process for handling disputes and escalations
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