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White Label SaaS Agreement

White Label SaaS Agreement Generator for Germany

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Key Requirements PROMPT example:

White Label SaaS Agreement

"I need a White Label SaaS Agreement governed by German law for my fintech platform that will be white-labeled to small regional banks, with special emphasis on data security and GDPR compliance requirements for financial data."

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Document background
The White Label SaaS Agreement is designed for use when a software provider wishes to allow another company to rebrand and commercialize their SaaS solution under their own brand in the German market. This document is essential for technology companies expanding their distribution channels through white label partnerships, incorporating specific requirements under German law including BGB (German Civil Code) provisions, GDPR compliance, and IT security regulations. The agreement covers comprehensive aspects of the relationship including service delivery, technical specifications, data protection, support obligations, and white labeling rights. It's particularly important when establishing long-term strategic partnerships where one party's technology will be marketed and sold under another party's brand, requiring careful attention to both technical and commercial terms while ensuring compliance with German legal requirements.
Suggested Sections

1. Parties: Identification of the contracting parties - the SaaS provider and the white label partner

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

3. Definitions: Key terms used throughout the agreement, including technical terms, service-related definitions, and white label specifics

4. Service Provision: Core obligations regarding the provision of the SaaS service, including access, maintenance, and support

5. White Label Rights and Obligations: Terms governing the rebranding and reselling rights, including brand guidelines and restrictions

6. License Grant: Scope of license for software use and white labeling permissions

7. Fees and Payment: Payment terms, pricing structure, and billing procedures

8. Data Protection and Security: GDPR compliance, data processing terms, and security measures

9. Service Levels: Performance standards, availability commitments, and response times

10. Intellectual Property Rights: Ownership of IP, including the original software, customizations, and white-labeled elements

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Duration of agreement, renewal terms, and termination provisions

13. Liability and Indemnification: Limitation of liability and indemnification obligations under German law

14. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Marketing and Promotion: Guidelines for marketing the white-labeled service, used when partner has specific marketing rights

2. Professional Services: Terms for additional implementation or customization services, included if provider offers these services

3. Training and Support: Detailed training and support obligations, included for complex systems requiring significant partner enablement

4. Disaster Recovery: Specific disaster recovery procedures, included for critical systems or when required by partner

5. Audit Rights: Rights to audit usage, compliance, and security, included for high-security requirements or complex pricing models

6. Insurance Requirements: Specific insurance obligations, included for high-value contracts or when required by partner

7. Change Control: Procedures for managing changes to services or terms, included for long-term or complex implementations

8. Sub-processors: Terms regarding the use of sub-processors, included when multiple data processors are involved

Suggested Schedules

1. Service Description: Detailed technical specifications of the SaaS service

2. Service Level Agreement (SLA): Detailed performance metrics, measurement methods, and remedies

3. Pricing Schedule: Detailed pricing structure, including tiered pricing if applicable

4. Data Processing Agreement: GDPR-compliant data processing terms and procedures

5. Technical Requirements: Minimum technical requirements for service operation

6. Support Services: Detailed support procedures, escalation paths, and response times

7. Branding Guidelines: Specific requirements for white labeling and brand usage

8. Security Requirements: Detailed security protocols and compliance requirements

9. Exit Plan: Procedures for service transition upon termination

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Authorized Users
Branding Guidelines
Business Day
Confidential Information
Customer Data
Documentation
Effective Date
End User
End User Agreement
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Launch Date
Maintenance Window
Original Branding
Partner Brand
Personal Data
Platform
Professional Services
Renewal Term
SaaS Services
Service Credits
Service Levels
Service Level Agreement
Software
Sub-processor
Support Services
System Requirements
Term
Territory
Third Party Components
Updates
Upgrades
User Credentials
White Label Rights
White Labeled Service
Working Hours
Clauses
Definitions
Service Provision
License Grant
White Label Rights
Intellectual Property
Data Protection
Service Levels
Support Services
Fees and Payment
Representations and Warranties
Confidentiality
Term and Termination
Force Majeure
Limitation of Liability
Indemnification
Insurance
Audit Rights
Assignment
Sub-contracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Data Security
Service Availability
Maintenance
Change Management
Disaster Recovery
Exit Management
Marketing Rights
Training
Quality Control
Compliance
Anti-Corruption
Performance Monitoring
Business Continuity
Relevant Industries

Information Technology

Software Development

Cloud Computing

Financial Services

Healthcare Technology

E-commerce

Professional Services

Telecommunications

Education Technology

Manufacturing Software

Business Process Management

Enterprise Software

Relevant Teams

Legal

Information Technology

Business Development

Sales

Operations

Product Management

Information Security

Compliance

Partner Relations

Software Development

Commercial

Relevant Roles

Chief Technology Officer

Legal Counsel

Head of Partnerships

Commercial Director

IT Security Manager

Data Protection Officer

Product Manager

Business Development Manager

Operations Director

Sales Director

Contract Manager

Software Development Manager

Chief Information Officer

Compliance Officer

Partnership Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of German contract law governing formation, execution, and termination of contracts, including service agreements and licensing
EU General Data Protection Regulation (GDPR): Regulates the processing of personal data and data protection requirements, crucial for cloud-based services
German Data Protection Act (Bundesdatenschutzgesetz - BDSG): National implementation of GDPR and additional German-specific data protection requirements
German Trademark Act (Markengesetz - MarkenG): Governs the use of trademarks and branding, essential for white label arrangements
German Copyright Act (Urheberrechtsgesetz - UrhG): Protects software and related intellectual property rights
IT Security Act (IT-Sicherheitsgesetz): Specifies requirements for IT security measures, particularly relevant for cloud services
Telemedia Act (Telemediengesetz - TMG): Regulates electronic information and communication services
Price Indication Regulation (Preisangabenverordnung - PAngV): Governs how prices must be communicated and displayed in commercial transactions
EU Electronic Commerce Directive (as implemented in German law): Provides framework for electronic commerce and online services
German Fair Trade Law (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates unfair competition and marketing practices, relevant for white label arrangements
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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German law-governed agreement for licensing and rebranding technology solutions, establishing terms between solution providers and white label partners.

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White Label SaaS Agreement

German law-governed agreement enabling a company to rebrand and resell another company's SaaS solution, including service delivery, data protection, and white labeling terms.

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