The White Label Contract serves as a foundational document for businesses seeking to expand their product portfolio without developing products in-house. Under Dutch law, this agreement type requires careful consideration of both national and EU regulatory requirements. It is particularly relevant for companies looking to leverage existing products or services while maintaining their market identity. The contract typically includes detailed provisions on quality control, branding requirements, intellectual property rights, and commercial terms. Essential for both B2B and B2C contexts, it ensures compliance with Dutch commercial law while protecting both parties' interests in the white labeling arrangement. The document is structured to address various business models and can be customized based on specific industry requirements, whether for physical products or digital services.
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1. Parties: Identification of the supplier/manufacturer and the reseller/distributor
2. Background: Context of the agreement and business relationship between parties
3. Definitions: Key terms used throughout the agreement including Products, Territory, Brand Guidelines, etc.
4. Grant of Rights: Scope of white labeling rights, territory, and usage permissions
5. Supply of Products/Services: Terms governing the supply, ordering process, and delivery
6. Quality Control: Quality standards, inspection rights, and compliance requirements
7. Branding Requirements: Guidelines for applying reseller's branding and removal of supplier's marks
8. Intellectual Property Rights: IP ownership, licenses, and restrictions on use
9. Pricing and Payment: Price structure, payment terms, and invoicing requirements
10. Term and Termination: Duration, renewal, and termination provisions
11. Confidentiality: Protection of confidential information and trade secrets
12. Warranties and Indemnities: Product/service warranties and mutual indemnification obligations
13. Liability and Insurance: Limitation of liability and insurance requirements
14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. Minimum Purchase Requirements: Include when there are minimum order quantities or revenue commitments
2. Marketing and Promotion: Include when parties share marketing responsibilities or costs
3. Training and Support: Include when supplier provides technical or sales training
4. Data Protection: Include when personal data is processed or shared between parties
5. Non-Compete: Include when restricting parties from competing activities
6. Service Level Agreement: Include for software or service-based white label arrangements
7. Change Control: Include when product specifications may need future modifications
8. Export Control: Include for international white label arrangements
1. Schedule 1 - Products/Services: Detailed description of products or services covered
2. Schedule 2 - Pricing Schedule: Price list and discount structure
3. Schedule 3 - Brand Guidelines: Detailed branding requirements and specifications
4. Schedule 4 - Quality Standards: Specific quality requirements and testing procedures
5. Schedule 5 - Service Levels: Performance metrics and service standards
6. Schedule 6 - Territory: Defined geographical areas or market segments
7. Appendix A - Order Form: Standard form for placing orders
8. Appendix B - Technical Specifications: Detailed technical requirements and standards
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