The White Label Agreement is essential for businesses operating in Malaysia who wish to leverage existing products or services by rebranding them under their own name. This arrangement is particularly common in the Malaysian market where companies seek to expand their product offerings without investing in development costs. The agreement needs to comply with Malaysian legal requirements, including the Contracts Act 1950, Trade Marks Act 1976, and industry-specific regulations. It typically covers comprehensive terms for intellectual property usage, quality standards, commercial arrangements, and operational procedures. This document is crucial for establishing clear boundaries and responsibilities between the provider and reseller, while ensuring compliance with local laws and protecting both parties' interests in the white labeling arrangement.
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1. Parties: Identification of the provider/manufacturer and the reseller/distributor
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, exclusivity (if any), and detailed scope of white labeling rights
5. License Grant: Specific rights granted for using the product/service under the reseller's brand
6. Branding and Intellectual Property: Rules for branding, trademark usage, and IP ownership
7. Quality Control: Quality standards, approval processes, and monitoring requirements
8. Obligations of the Provider: Provider's responsibilities including service delivery, support, and maintenance
9. Obligations of the Reseller: Reseller's responsibilities including marketing, sales, and customer service
10. Fees and Payment: Pricing structure, payment terms, and financial obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration, renewal, and termination provisions
13. Warranties and Indemnities: Guarantees, warranties, and mutual indemnification provisions
14. Limitation of Liability: Liability caps and exclusions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Distribution and Territory: For agreements involving physical goods or specific territorial rights
2. Technical Integration: When the product/service requires technical implementation or integration
3. Data Protection and Privacy: When personal data or customer information is shared between parties
4. Service Levels: When specific performance metrics and service levels need to be maintained
5. Regulatory Compliance: For heavily regulated industries or products requiring specific compliance measures
6. Training and Support: When significant training or ongoing support is required
7. Marketing and Promotion: Detailed marketing requirements and restrictions
8. Disaster Recovery: For critical services requiring business continuity planning
1. Schedule 1 - Products/Services Description: Detailed description of products/services covered by the agreement
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, payment terms, and commission rates
3. Schedule 3 - Service Levels and KPIs: Performance metrics, service levels, and measurement criteria
4. Schedule 4 - Technical Specifications: Technical requirements, integration specifications, and maintenance procedures
5. Schedule 5 - Branding Guidelines: Detailed guidelines for use of branding and marketing materials
6. Schedule 6 - Support Services: Description of support services, response times, and escalation procedures
7. Appendix A - Approved Territories: List of territories where the reseller is authorized to operate
8. Appendix B - Compliance Requirements: Specific regulatory and compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Software and Technology
Financial Services
Telecommunications
Manufacturing
Consumer Products
Professional Services
Healthcare
E-commerce
Education and Training
Digital Marketing
Relevant Teams
Legal
Commercial
Business Development
Product Development
Operations
Procurement
Compliance
Sales
Marketing
Quality Assurance
Technical Support
Customer Service
Relevant Roles
Chief Executive Officer
Commercial Director
Head of Business Development
Legal Counsel
Product Manager
Brand Manager
Operations Director
Chief Technology Officer
Procurement Manager
Compliance Officer
Sales Director
Marketing Director
Partnership Manager
Quality Assurance Manager
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