The White Label License Agreement serves as a critical legal framework for businesses looking to expand their market presence through strategic partnerships in Switzerland and internationally. This agreement is essential when a company wishes to license its products or services to another business for rebranding and distribution under the licensee's brand name. It comprehensively covers intellectual property rights, quality standards, commercial terms, and regulatory compliance under Swiss law. The document is particularly relevant in today's business environment where companies seek to leverage existing products or services without developing them from scratch, while ensuring compliance with Swiss regulatory requirements including data protection, competition law, and consumer protection regulations. This agreement type is commonly used in various sectors including technology, financial services, and professional services, providing necessary protections for both the original provider and the white label partner.
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1. Parties: Identification of the licensor and licensee with full legal details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Defined terms used throughout the agreement
4. License Grant: Scope of the license, territory, exclusivity, and usage rights
5. White Label Rights and Obligations: Specific rights regarding rebranding, modification, and distribution
6. Intellectual Property Rights: Ownership and protection of IP, including improvements and derivatives
7. Quality Control and Standards: Requirements for maintaining product/service quality and brand standards
8. Fees and Payment Terms: Commercial terms, pricing, payment schedule, and invoicing requirements
9. Term and Termination: Duration, renewal options, and termination circumstances
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Representations: Assurances from both parties regarding their rights and capabilities
12. Liability and Indemnification: Risk allocation and protection against third-party claims
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Technical Requirements: Used when the white label arrangement involves software or technical solutions
2. Data Protection: Required when personal data processing is involved in the service
3. Support Services: Include when ongoing technical or operational support is part of the arrangement
4. Manufacturing and Supply Terms: Necessary for physical product white labeling
5. Regulatory Compliance: Include for heavily regulated industries or specific compliance requirements
6. Territory-Specific Terms: Required for international white label arrangements
7. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
8. Source Code Escrow: Required when software source code protection is needed
9. Training and Documentation: Include when knowledge transfer is part of the arrangement
1. Schedule 1 - Licensed Products/Services: Detailed description of products or services covered by the agreement
2. Schedule 2 - Branding Guidelines: Specific requirements for use of branding and white label elements
3. Schedule 3 - Service Levels: Performance standards and metrics for the licensed services
4. Schedule 4 - Fee Schedule: Detailed pricing structure, including any variable elements
5. Schedule 5 - Technical Specifications: Technical requirements and integration specifications
6. Schedule 6 - Support Services: Details of support services, response times, and escalation procedures
7. Schedule 7 - Approved Territories: List of territories where the white label rights may be exercised
8. Appendix A - Contact Details: Key contacts and notice details for both parties
9. Appendix B - Change Control Procedure: Process for managing changes to services or specifications
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