White Label Agreement Generator for Australia

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Key Requirements PROMPT example:

White Label Agreement

"I need a White Label Agreement for my fintech software platform, allowing banks to rebrand and resell my payment processing solution in Australia, with specific focus on data security and APRA compliance requirements."

Document background
White Label Agreements are crucial commercial contracts used when a business wants to resell another company's products or services under their own brand name. This type of agreement is particularly relevant in the Australian market, where businesses must comply with strict consumer protection, privacy, and competition laws. A White Label Agreement typically includes provisions for intellectual property licensing, quality control, service standards, regulatory compliance, and commercial terms. It's commonly used in various sectors including financial services, technology, and manufacturing, where companies seek to expand their product offerings without developing products from scratch. The agreement must carefully balance the interests of both the provider and reseller while ensuring compliance with Australian regulatory requirements, including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant industry-specific regulations.
Suggested Sections

1. Parties: Identifies and provides details of the white label provider and the reseller

2. Background: Sets out the context of the agreement, including the provider's ownership of the product/service and reseller's desire to offer it under their brand

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement

4. Appointment and License: Establishes the reseller's appointment and scope of rights to offer the white label products/services

5. Intellectual Property Rights: Details the ownership and licensed use of IP, including trademarks, branding, and marketing materials

6. Obligations of Provider: Specifies the provider's responsibilities including service delivery, support, and maintenance

7. Obligations of Reseller: Details reseller's duties including marketing, minimum performance requirements, and brand guidelines compliance

8. Quality Control and Standards: Sets out quality requirements, monitoring processes, and compliance standards

9. Fees and Payment: Specifies pricing structure, payment terms, and any revenue sharing arrangements

10. Confidentiality: Governs the protection and use of confidential information exchanged between parties

11. Data Protection and Privacy: Addresses handling of customer data and compliance with privacy laws

12. Warranties and Representations: Contains promises and assurances made by both parties

13. Liability and Indemnification: Allocates risks and establishes indemnity obligations

14. Term and Termination: Specifies agreement duration, renewal provisions, and termination rights

15. Post-Termination Obligations: Outlines obligations and rights of parties after agreement ends

16. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Service Levels: Include when specific performance metrics and service standards need to be maintained

2. Territory Restrictions: Include when the reseller's rights are limited to specific geographic areas

3. Marketing and Promotion: Include when detailed marketing requirements or restrictions need to be specified

4. Training and Support: Include when provider must provide specific training or support services

5. Compliance with Industry Regulations: Include when the product/service is subject to specific industry regulations

6. Minimum Purchase Requirements: Include when reseller must maintain minimum volume or revenue thresholds

7. Non-Competition: Include when parties need to agree to non-compete provisions

8. Insurance Requirements: Include when specific insurance coverage must be maintained

9. Disaster Recovery: Include when business continuity and disaster recovery procedures are critical

10. Source Code Escrow: Include when software is involved and source code protection is required

Suggested Schedules

1. Product or Service Description: Detailed description of white labeled products or services

2. Fee Schedule: Detailed pricing, payment terms, and commission structures

3. Service Level Agreement: Specific performance metrics, response times, and quality standards

4. Brand Guidelines: Requirements for use of trademarks, logos, and marketing materials

5. Technical Requirements: Technical specifications and integration requirements

6. Support Services: Details of support services, maintenance, and upgrade procedures

7. Compliance Requirements: Specific regulatory or industry compliance requirements

8. Territory Map: Definition of authorized territory if geographically restricted

9. Approved Sub-contractors: List of approved third-party service providers if applicable

10. Service Level Credits: Calculation and application of credits for service level failures

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

Financial Services

Software and Technology

Manufacturing

Telecommunications

Professional Services

Healthcare

Consumer Products

Digital Marketing

Payment Services

Education and Training

Relevant Teams

Legal

Commercial

Sales

Operations

Product Development

Marketing

Compliance

Business Development

Finance

Information Technology

Risk Management

Customer Service

Relevant Roles

Chief Executive Officer

Commercial Director

Head of Legal

Legal Counsel

Business Development Manager

Sales Director

Operations Manager

Product Manager

Brand Manager

Compliance Officer

Contract Manager

Partnership Manager

Chief Technology Officer

Chief Commercial Officer

Procurement Manager

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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