Partnership Agreement Template
For Channel Partners, Resellers, and Strategic Partners
PARTNERSHIP AGREEMENTβ
This Partnership Agreement ("Agreement") is entered into as of [DATE] ("Effective Date")
BETWEEN:
SkyMirror Kft.
Registered Address: KΓ‘lmΓ‘n Imre utca 1, 1054 Budapest, Hungary
("SkyMirror")
AND:
[PARTNER LEGAL NAME]
Address: [ADDRESS]
("Partner")
Each a "Party" and collectively the "Parties"
1. DEFINITIONSβ
1.1 "Products" means SkyMirror's software products, including CheckMet, Traquiva, and related services.
1.2 "Territory" means [GEOGRAPHIC REGION].
1.3 "End Customer" means a third party that purchases or uses Products.
1.4 "Partner Program" means SkyMirror's partner program as described in Schedule A.
1.5 "Commission" means the fees payable to Partner as specified in Schedule B.
2. APPOINTMENTβ
2.1 Appointmentβ
SkyMirror appoints Partner as a [non-exclusive / exclusive] [Referral Partner / Reseller / Implementation Partner] for the Products in the Territory.
2.2 Partner Typeβ
- Referral Partner: Refers leads to SkyMirror; SkyMirror handles sales and delivery
- Reseller: Sells Products directly to End Customers
- Implementation Partner: Provides implementation and support services
- Technology Partner: Integrates Products with Partner's solutions
2.3 Non-Exclusivityβ
Unless otherwise specified, this appointment is non-exclusive. SkyMirror may appoint other partners and sell directly in the Territory.
3. PARTNER OBLIGATIONSβ
3.1 General Obligationsβ
Partner shall:
- (a) Actively promote Products in the Territory
- (b) Maintain qualified personnel to support Products
- (c) Comply with SkyMirror's partner guidelines
- (d) Provide accurate information about Products
- (e) Not make unauthorized representations or warranties
3.2 Sales Targets (if applicable)β
| Period | Target | Metric |
|---|---|---|
| Year 1 | [X] | [Deals / Revenue / Users] |
| Year 2 | [X] | [Deals / Revenue / Users] |
| Year 3 | [X] | [Deals / Revenue / Users] |
3.3 Certification Requirementsβ
Partner shall:
- (a) Complete required training within [90] days
- (b) Maintain [X] certified personnel
- (c) Recertify annually
3.4 Reportingβ
Partner shall provide:
- (a) Monthly pipeline reports
- (b) Quarterly business reviews
- (c) Customer feedback and market intelligence
3.5 Complianceβ
Partner shall comply with:
- (a) All applicable laws and regulations
- (b) Anti-corruption and anti-bribery laws
- (c) Data protection requirements
- (d) Export control regulations
4. SKYMIRROR OBLIGATIONSβ
4.1 Supportβ
SkyMirror shall provide:
- (a) Partner portal access
- (b) Sales and technical training
- (c) Marketing materials and co-branding guidelines
- (d) Technical support for Partner and End Customers
- (e) Regular product updates and roadmap information
4.2 Lead Registrationβ
SkyMirror shall:
- (a) Provide lead registration system
- (b) Protect registered leads for [90] days
- (c) Notify Partner of lead status
4.3 Marketing Supportβ
SkyMirror shall provide:
- (a) Marketing collateral and templates
- (b) Co-marketing opportunities
- (c) Market Development Funds (if applicable): β¬[X] per year
5. REFERRAL PARTNER TERMSβ
(If Partner Type is Referral Partner)
5.1 Lead Referral Processβ
- Partner submits lead via partner portal
- SkyMirror acknowledges within [2] business days
- SkyMirror qualifies and pursues opportunity
- Partner receives commission upon deal closure
5.2 Referral Commissionβ
| Deal Size | Commission Rate |
|---|---|
| Under β¬10,000 ARR | 10% of first year |
| β¬10,000-β¬50,000 ARR | 12% of first year |
| Over β¬50,000 ARR | 15% of first year |
5.3 Commission Paymentβ
- Paid within [30] days of customer payment
- Minimum deal value: β¬[1,000] ARR
- Commission paid on first year only
6. RESELLER TERMSβ
(If Partner Type is Reseller)
6.1 Reseller Rightsβ
Partner may:
- (a) Market and sell Products to End Customers
- (b) Use SkyMirror trademarks per guidelines
- (c) Set End Customer pricing (subject to minimums)
6.2 Pricingβ
| Product | List Price | Partner Discount |
|---|---|---|
| CheckMet | β¬[X]/user/month | [20-30]% |
| Traquiva | β¬[X]/user/month | [20-30]% |
6.3 Minimum Pricingβ
Partner shall not sell below [70]% of list price without approval.
6.4 Order Processβ
- Partner submits order via partner portal
- SkyMirror provisions customer account
- Partner invoices End Customer
- Partner pays SkyMirror within [30] days
6.5 End Customer Agreementsβ
Partner shall ensure End Customers agree to SkyMirror's:
- (a) Terms of Service
- (b) Privacy Policy
- (c) Acceptable Use Policy
7. IMPLEMENTATION PARTNER TERMSβ
(If Partner Type is Implementation Partner)
7.1 Implementation Servicesβ
Partner may provide:
- (a) Product implementation and configuration
- (b) Data migration services
- (c) Training and enablement
- (d) Ongoing support and maintenance
7.2 Service Ratesβ
Partner sets own rates for implementation services.
7.3 Quality Standardsβ
Partner shall:
- (a) Follow SkyMirror implementation methodology
- (b) Maintain customer satisfaction scores >4.0/5
- (c) Resolve escalations within SLA
7.4 Referral Feesβ
For implementation projects referred by SkyMirror:
- Partner pays [10]% referral fee to SkyMirror
8. INTELLECTUAL PROPERTYβ
8.1 Ownershipβ
SkyMirror retains all rights in Products, trademarks, and intellectual property.
8.2 Trademark Licenseβ
SkyMirror grants Partner a limited, non-exclusive license to use SkyMirror trademarks solely for marketing Products per brand guidelines.
8.3 Restrictionsβ
Partner shall not:
- (a) Modify or create derivative works of Products
- (b) Reverse engineer Products
- (c) Remove proprietary notices
- (d) Use trademarks in a misleading manner
9. CONFIDENTIALITYβ
9.1 Confidential Informationβ
Each Party shall protect the other's Confidential Information, including:
- (a) Pricing and commission structures
- (b) Customer information
- (c) Technical information
- (d) Business strategies
9.2 Obligationsβ
- Use only for purposes of this Agreement
- Protect with reasonable care
- Not disclose to third parties
9.3 Durationβ
Obligations survive termination for [3] years.
10. DATA PROTECTIONβ
10.1 Complianceβ
Both Parties shall comply with GDPR and applicable data protection laws.
10.2 Customer Dataβ
Partner shall:
- (a) Process customer data only as necessary
- (b) Implement appropriate security measures
- (c) Notify SkyMirror of data breaches
- (d) Assist with data subject requests
10.3 Data Processing Agreementβ
If Partner processes personal data on behalf of SkyMirror, Parties shall execute a Data Processing Agreement.
11. TERM AND TERMINATIONβ
11.1 Termβ
This Agreement commences on the Effective Date and continues for [1] year, automatically renewing for successive [1]-year periods unless terminated.
11.2 Termination for Convenienceβ
Either Party may terminate with [90] days' written notice.
11.3 Termination for Causeβ
Either Party may terminate immediately if:
- (a) Material breach not cured within [30] days
- (b) Insolvency or bankruptcy
- (c) Violation of laws or regulations
11.4 Effect of Terminationβ
Upon termination:
- (a) Partner rights to sell Products cease
- (b) Partner shall cease using SkyMirror trademarks
- (c) Existing customer contracts continue
- (d) Accrued commissions remain payable
- (e) Confidentiality obligations survive
11.5 Transitionβ
Partner shall cooperate in transitioning customers to SkyMirror or another partner.
12. REPRESENTATIONS AND WARRANTIESβ
12.1 Mutual Warrantiesβ
Each Party represents that:
- (a) It has authority to enter this Agreement
- (b) It will comply with applicable laws
- (c) It will perform obligations professionally
12.2 SkyMirror Warrantiesβ
SkyMirror warrants that Products will perform materially as documented.
12.3 Disclaimerβ
EXCEPT AS STATED, PRODUCTS ARE PROVIDED "AS IS."
13. LIMITATION OF LIABILITYβ
13.1 Exclusionβ
NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
13.2 Capβ
EACH PARTY'S LIABILITY SHALL NOT EXCEED THE GREATER OF:
- (a) Commissions paid in the prior 12 months, or
- (b) β¬50,000
14. INDEMNIFICATIONβ
14.1 SkyMirror Indemnificationβ
SkyMirror shall indemnify Partner against claims that Products infringe third-party IP rights.
14.2 Partner Indemnificationβ
Partner shall indemnify SkyMirror against claims arising from:
- (a) Partner's breach of this Agreement
- (b) Partner's negligence or misconduct
- (c) Partner's unauthorized representations
15. GENERAL PROVISIONSβ
15.1 Governing Lawβ
This Agreement is governed by Hungarian law.
15.2 Dispute Resolutionβ
Disputes shall be resolved by arbitration in Budapest.
15.3 Independent Contractorsβ
The Parties are independent contractors.
15.4 Non-Exclusivityβ
Unless specified, this Agreement is non-exclusive.
15.5 Assignmentβ
Neither Party may assign without consent.
15.6 Entire Agreementβ
This Agreement constitutes the entire agreement.
15.7 Amendmentsβ
Amendments require written agreement.
15.8 Noticesβ
Notices shall be in writing to addresses specified.
SIGNATURESβ
SKYMIRROR KFT.
Signature: _________________________
Name: _________________________
Title: _________________________
Date: _________________________
[PARTNER NAME]
Signature: _________________________
Name: _________________________
Title: _________________________
Date: _________________________
SCHEDULE A: PARTNER PROGRAMβ
Partner Tiersβ
| Tier | Requirements | Benefits |
|---|---|---|
| Registered | Signed agreement | Portal access, basic training |
| Silver | 2 deals/year, 1 certification | 15% discount, co-marketing |
| Gold | 5 deals/year, 2 certifications | 20% discount, leads, MDF |
| Platinum | 10 deals/year, dedicated team | 25% discount, executive access |
Certification Requirementsβ
| Certification | Training | Exam | Validity |
|---|---|---|---|
| Sales | 4 hours | Yes | 1 year |
| Technical | 8 hours | Yes | 1 year |
| Implementation | 16 hours | Yes | 1 year |
Partner Portal Featuresβ
- Deal registration
- Marketing materials
- Training resources
- Support ticketing
- Commission tracking
SCHEDULE B: COMMISSION STRUCTUREβ
Referral Commissionsβ
| Deal Size (ARR) | Commission |
|---|---|
| Under β¬10,000 | 10% of Year 1 |
| β¬10,000-β¬50,000 | 12% of Year 1 |
| Over β¬50,000 | 15% of Year 1 |
Reseller Discountsβ
| Tier | Discount |
|---|---|
| Registered | 20% |
| Silver | 22% |
| Gold | 25% |
| Platinum | 30% |
Payment Termsβ
- Commissions paid within 30 days of customer payment
- Minimum payout: β¬100
- Currency: EUR
SCHEDULE C: TERRITORYβ
Territory: [SPECIFY]
- Hungary
- DACH Region (Germany, Austria, Switzerland)
- European Union
- Worldwide
- Other: [Specify]
Exclusivity:
- Non-exclusive
- Exclusive for [specific segment/region]
Template Version: 1.0
Last Updated: December 2024
Legal Review Required Before Use