The White Label Agreement is a crucial document for businesses operating in the Philippines who wish to enter into product or service reselling arrangements where branding rights are transferred. This agreement is particularly relevant in today's market where companies seek to expand their product offerings without developing products from scratch. The document complies with Philippine legal requirements, including the Intellectual Property Code (Republic Act No. 8293), Data Privacy Act of 2012, and Consumer Act. It covers essential elements such as licensing terms, quality control measures, territorial restrictions, pricing structures, and support obligations. The agreement is designed to protect both the provider's intellectual property rights and the reseller's business interests while ensuring transparent terms for rebranding and distribution.
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1. Parties: Identification of the white label provider and the reseller
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Rights: Scope of the white labeling rights, including licensing of intellectual property and branding
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Obligations of Provider: Provider's responsibilities including product/service delivery, maintenance, and support
7. Obligations of Reseller: Reseller's responsibilities including marketing, sales, and brand compliance
8. Branding Requirements: Specific requirements for branding and use of trademarks
9. Quality Control: Standards and procedures for maintaining product/service quality
10. Pricing and Payment Terms: Financial terms, including pricing structure and payment conditions
11. Intellectual Property Rights: Protection and ownership of IP, including improvements and modifications
12. Confidentiality: Protection of confidential information and trade secrets
13. Representations and Warranties: Assurances made by both parties regarding their capacity and rights
14. Limitation of Liability: Limitations on parties' liability and indemnification provisions
15. General Provisions: Standard legal clauses including notices, assignment, and governing law
1. Data Protection: Specific provisions for handling personal data when the service involves data processing
2. Service Level Agreement: Detailed service performance metrics when specific service levels need to be maintained
3. Territory Rights: Geographic restrictions or exclusivity rights when territorial limitations apply
4. Training and Support: Specific provisions for training and ongoing support when complex products/services are involved
5. Marketing Requirements: Detailed marketing obligations and restrictions when specific marketing commitments are needed
6. Customization Rights: Rights and procedures for customizing the white label product when customization is permitted
7. Audit Rights: Rights to audit compliance when significant quality control or financial oversight is required
1. Schedule 1 - Product or Service Specifications: Detailed technical specifications of the white label product or service
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including volume discounts and payment terms
3. Schedule 3 - Brand Guidelines: Detailed requirements for use of trademarks and branding elements
4. Schedule 4 - Service Level Metrics: Specific performance metrics and service level requirements
5. Schedule 5 - Support Services: Details of support services, response times, and escalation procedures
6. Appendix A - Approved Territories: List of territories where the reseller is authorized to operate
7. Appendix B - Approved Marketing Materials: Templates or examples of approved marketing materials
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