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White Label Software Agreement
"I need a White Label Software Agreement for my fintech software that will be rebranded by banking partners in New Zealand, with strict data security requirements and a revenue-sharing model based on transaction volume."
1. Parties: Identification of the software provider and white label partner with full legal entities
2. Background: Context of the agreement, including 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 Rights: Scope of white label license, rebranding rights, and territory restrictions
5. Branding and Marketing: Requirements and restrictions for rebranding, marketing guidelines, and approval processes
6. Fees and Payment: Payment terms, fee structure, revenue sharing if applicable
7. Technical Requirements: Software specifications, hosting requirements, and technical standards
8. Support and Maintenance: Service levels, maintenance obligations, and support procedures
9. Intellectual Property: IP ownership, protection measures, and infringement procedures
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with Privacy Act 2020 and data handling requirements
12. Warranties and Representations: Standard warranties regarding software functionality and compliance
13. Liability and Indemnification: Limitation of liability and mutual indemnification provisions
14. Term and Termination: Duration, renewal options, and termination rights
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. End User Terms: Required if the white label partner needs specific terms for end users
2. Revenue Sharing: Include when the business model involves revenue sharing rather than fixed fees
3. Training: Include when the provider will provide training to the white label partner's staff
4. Security Requirements: Include for software handling sensitive data or requiring specific security standards
5. Implementation Services: Required if the provider will assist with initial setup and implementation
6. Quality Control: Include when specific quality standards need to be maintained in the rebranded version
7. Competition Restrictions: Include when there are territorial or industry-specific non-compete requirements
1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality
2. Schedule 2 - Service Level Agreement: Specific performance metrics, response times, and service standards
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, payment terms, and calculations
4. Schedule 4 - Technical Specifications: Detailed technical requirements and integration specifications
5. Schedule 5 - Support Services: Detailed support procedures, escalation paths, and response times
6. Schedule 6 - Branding Guidelines: Specific requirements for rebranding and white labeling
7. Appendix A - Approved Territories: List of territories where the white labeled software can be marketed
8. Appendix B - Required Disclaimers: Mandatory disclaimers and notices for end users
Authors
Information Technology
Software Development
Financial Services
Healthcare
Professional Services
E-commerce
Education
Telecommunications
Digital Marketing
Business Services
Legal
Information Technology
Software Development
Commercial
Procurement
Compliance
Sales
Business Development
Operations
Product Management
Chief Technology Officer
Legal Counsel
Commercial Director
Software Development Manager
Product Manager
Compliance Officer
IT Director
Business Development Manager
Procurement Manager
Operations Director
Chief Information Officer
Contract Manager
Sales Director
Technology Partnerships Manager
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