The White Label Product Agreement Template is designed for use in the Australian market where businesses seek to establish formal arrangements for white label product manufacturing and distribution. This template is particularly valuable when a manufacturer or service provider (Product Owner) agrees to supply products to another business (White Label Partner) for rebranding and distribution under the partner's brand name. The agreement addresses critical aspects required under Australian law, including compliance with the Competition and Consumer Act 2010, privacy regulations, and industry-specific requirements. It's structured to protect both parties' interests while ensuring clarity on intellectual property rights, quality standards, pricing mechanisms, and operational procedures. The template is adaptable across various industries and can be customized based on specific product types, distribution channels, and business requirements while maintaining compliance with Australian legal frameworks.
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1. Parties: Identification of the product owner/manufacturer and the white label partner
2. Background: Context of the agreement, including the product owner's business, white label partner's business, and intention to enter into a white label arrangement
3. Definitions: Defined terms used throughout the agreement, including Product, Territory, Brand, Intellectual Property Rights, etc.
4. Appointment and License: Grant of rights to white label and distribute the products, including any territorial or channel restrictions
5. Intellectual Property Rights: Ownership and licensing of IP, including product IP, branding rights, and marketing materials
6. Supply of Products: Terms governing the supply of products, including ordering process, lead times, and delivery
7. Quality Control: Quality standards, testing requirements, and compliance with specifications
8. Pricing and Payment: Product pricing, payment terms, and price review mechanisms
9. Marketing and Promotion: Requirements and restrictions for marketing the white label products
10. Warranties and Representations: Warranties regarding products, IP rights, and capacity to contract
11. Confidentiality: Protection of confidential information exchanged between parties
12. Term and Termination: Duration of agreement and circumstances for termination
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notice requirements
1. Minimum Purchase Commitments: Include when the product owner requires minimum order quantities or values
2. Product Development: Include when parties will collaborate on product customization or new product development
3. Export Controls: Include for international distribution arrangements
4. Data Protection: Include when personal data processing is involved in the arrangement
5. Manufacturing Standards: Include when specific manufacturing or industry standards must be met
6. Training and Support: Include when the product owner provides training or technical support
7. Insurance Requirements: Include when specific insurance coverage is required
8. Change Control: Include when formal processes for changes to products or specifications are needed
1. Schedule 1 - Products: Detailed list and specifications of products covered by the agreement
2. Schedule 2 - Pricing: Price list and any volume-based discounts or pricing mechanisms
3. Schedule 3 - Quality Standards: Detailed quality requirements and testing procedures
4. Schedule 4 - Brand Guidelines: Requirements for use of brands and marketing materials
5. Schedule 5 - Service Levels: Performance metrics for supply and delivery of products
6. Schedule 6 - Territory: Detailed description of authorized distribution territory
7. Appendix A - Order Process: Detailed procedures for placing and fulfilling orders
8. Appendix B - Technical Specifications: Detailed technical requirements and specifications for products
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