White Label Mobile App Agreement Template for Canada

The White Label Mobile App Agreement is essential for businesses seeking to license and rebrand existing mobile applications under their own brand name in the Canadian market. This agreement is typically used when a software developer or technology company has created a mobile application that can be customized and rebranded for use by other businesses. The document addresses crucial aspects such as licensing terms, customization scope, branding requirements, technical specifications, service levels, support services, and data protection obligations. It ensures compliance with Canadian federal and provincial laws, including privacy regulations (PIPEDA), consumer protection legislation, and digital commerce laws. The agreement is particularly relevant in scenarios where businesses want to offer mobile app functionality to their customers without investing in full custom development, while maintaining their brand identity and control over the end-user experience.

1. Parties: Identification of the app provider and the white label partner

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. License Grant: Scope of the white label license and usage rights

5. Branding and White Label Requirements: Requirements for branding, customization, and white labeling of the app

6. Intellectual Property Rights: Ownership and protection of IP, including the app, modifications, and customer data

7. Service Levels: Performance standards, availability requirements, and service level commitments

8. Fees and Payment Terms: Pricing structure, payment terms, and financial obligations

9. Support and Maintenance: Technical support, maintenance services, and update procedures

10. Data Protection and Privacy: Obligations regarding user data protection and privacy compliance

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Parties' warranties regarding the app, services, and legal compliance

13. Limitation of Liability: Limitations on liability and damages

14. Term and Termination: Duration of agreement, renewal terms, and termination rights

15. General Provisions: Standard legal provisions including governing law, notices, and assignment