The White Label Software Agreement is essential when a software company wishes to allow other businesses to market their software solution under different branding. This document, governed by Singapore law, covers crucial aspects including licensing rights, branding requirements, technical support obligations, revenue sharing, and intellectual property protection. It's particularly relevant in Singapore's growing technology sector and includes specific provisions to comply with local regulations such as the PDPA, Cybersecurity Act, and Copyright Act. The agreement typically includes detailed specifications about software functionality, service levels, and customization rights.
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1. Parties: Identification of the software provider and white label partner
2. Background: Context of the agreement and brief description of the software and white labeling arrangement
3. Definitions: Key terms used tHRoughout the agreement including Software, White Label Rights, Territory, etc.
4. Grant of License: Scope of white label rights, territory, and usage permissions
5. Intellectual Property Rights: Ownership of IP, restrictions, and protection measures
6. Branding and Marketing: Requirements for rebranding, marketing guidelines, and approval processes
7. Fees and Payment: Pricing structure, payment terms, and financial obligations
8. Term and Termination: Duration, renewal terms, and termination conditions
9. Confidentiality: Protection of confidential information and trade secrets
1. Service Level Agreement: Performance metrics and service standards for when specific performance guarantees are required
2. Professional Services: Additional services such as customization and integration when development or customization services are needed
3. Data Protection: PDPA compliance and data handling requirements when personal data processing is involved
4. Source Code Escrow: Terms for source code access and protection when source code access is critical for business continuity
1. Schedule 1 - Software Description: Detailed technical specifications of the software
2. Schedule 2 - Service Level Agreement: Detailed performance metrics and response times
3. Schedule 3 - Fee Schedule: Detailed pricing structure and payment terms
4. Schedule 4 - Support Services: Technical support scope and procedures
5. Schedule 5 - Branding Guidelines: Detailed requirements for white labeling and rebranding
6. Schedule 6 - Data Processing Agreement: Detailed data protection and processing requirements
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