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White Label Partnership Agreement

White Label Partnership Agreement Template for Malaysia

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Key Requirements PROMPT example:

White Label Partnership Agreement

"I need a White Label Partnership Agreement for my Malaysian fintech company to allow a local bank to rebrand and distribute our payment processing software, with the agreement starting from March 2025 and including strong data protection and service level commitments."

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Document background
The White Label Partnership Agreement is a crucial document used when businesses in Malaysia wish to leverage existing products or services by rebranding them under their own name. This arrangement is particularly common in the technology, financial services, and professional services sectors, where developing proprietary solutions may be cost-prohibitive or time-consuming. The agreement needs to comply with Malaysian legal requirements, including the Contracts Act 1950, Personal Data Protection Act 2010, and relevant industry-specific regulations. It typically includes comprehensive provisions covering licensing, branding, quality control, support services, revenue sharing, and risk allocation. This document is essential for businesses looking to expand their product offerings quickly while maintaining control over their brand and customer relationships.
Suggested Sections

1. Parties: Identification of the white label provider and partner, including their registered addresses and company details

2. Background: Context of the agreement, brief description of parties' businesses, and purpose of the white label arrangement

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

4. Scope of Agreement: Detailed description of the white label products/services and the nature of the partnership

5. License Grant: Terms of the license to use the white label products/services and associated intellectual property

6. Branding and Marketing: Rules governing the use of branding, marketing materials, and promotional activities

7. Quality Control: Standards, specifications, and quality assurance requirements for the white label products/services

8. Commercial Terms: Pricing, payment terms, revenue sharing, and financial obligations

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Confidentiality: Protection of confidential information exchanged between parties

11. Intellectual Property Rights: Ownership and protection of IP rights, including improvements and modifications

12. Warranties and Representations: Standard warranties regarding authority, capacity, and product/service quality

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Data Protection: Specific provisions for handling personal data, required if the arrangement involves processing of customer data

2. Service Levels: Detailed service level requirements and penalties, needed for technology or service-based white label arrangements

3. Territory Restrictions: Geographic limitations on the white label arrangement, included if territorial exclusivity is granted

4. Regulatory Compliance: Industry-specific compliance requirements, necessary for regulated industries

5. Training and Support: Details of training and ongoing support provided by the white label provider

6. Disaster Recovery: Business continuity and disaster recovery requirements, important for critical services

7. Source Code Escrow: Source code protection arrangements, relevant for software-based products

8. Change Control: Procedures for managing changes to products/services, important for complex technical arrangements

Suggested Schedules

1. Product/Service Specification: Detailed technical specifications of the white label products or services

2. Pricing Schedule: Detailed pricing structure, including any volume discounts or special rates

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

4. Brand Guidelines: Specific requirements for use of branding and marketing materials

5. Support Services: Details of support services, including contact points and escalation procedures

6. Implementation Plan: Timeline and milestones for implementing the white label arrangement

7. Approved Territories: List of territories where the white label products/services can be offered

8. Data Processing Requirements: Specific requirements for handling and processing personal data

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 Personnel
Background Intellectual Property
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Customer
Delivery Date
Documentation
End User
Fees
Force Majeure Event
Foreground Intellectual Property
Implementation Plan
Intellectual Property Rights
License
Marketing Materials
Partner Brand
Personal Data
Product
Provider Brand
Quality Standards
Regulatory Requirements
Revenue Share
Service Levels
Services
Source Code
Specifications
Support Services
Term
Territory
Third Party Materials
Trade Marks
Updates
White Label Products
White Label Services
Clauses
Interpretation
Appointment
License Grant
Intellectual Property Rights
Branding
Quality Control
Service Standards
Implementation
Training
Support Services
Fees and Payment
Revenue Share
Marketing
Confidentiality
Data Protection
Warranties
Indemnification
Limitation of Liability
Term
Termination
Force Majeure
Non-Competition
Non-Solicitation
Audit Rights
Record Keeping
Insurance
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Variation
Severability
Third Party Rights
Relationship of Parties
Relevant Industries

Financial Services

Technology

Software Development

Telecommunications

Healthcare

Professional Services

E-commerce

Manufacturing

Education Technology

Cloud Services

Relevant Teams

Legal

Commercial

Business Development

Operations

Finance

Compliance

Product Development

Marketing

Brand Management

Procurement

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Commercial Officer

Head of Legal

Commercial Director

Partnership Manager

Business Development Manager

Legal Counsel

Compliance Officer

Product Manager

Brand Manager

Operations Director

Chief Financial Officer

Procurement Manager

Industries
Contracts Act 1950: Primary legislation governing formation and enforcement of contracts in Malaysia, essential for structuring the partnership agreement's fundamental terms and conditions
Trademarks Act 2019: Regulates trademark protection and licensing, crucial for white label arrangements where branding and intellectual property rights are key considerations
Copyright Act 1987: Governs copyright protection and licensing, relevant for any copyrightable materials involved in the white label product or service
Personal Data Protection Act 2010: Regulates the collection, use, and sharing of personal data between partners and with end-users
Competition Act 2010: Ensures the partnership agreement doesn't contain anti-competitive provisions or create market dominance issues
Consumer Protection Act 1999: Relevant if the white label product/service is consumer-facing, ensuring compliance with consumer protection requirements
Electronic Commerce Act 2006: Applicable if the partnership involves online services or electronic transactions
Companies Act 2016: Relevant for understanding the legal capacity of the contracting parties and their authority to enter into the agreement
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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