The White Label Solution Agreement is essential for businesses seeking to leverage existing solutions under their own brand in the Canadian market. This agreement type is commonly used when a company wants to offer a product or service without developing it internally, instead partnering with an established provider while maintaining their own market identity. The document addresses critical aspects such as intellectual property rights, data protection under PIPEDA, service level commitments, support obligations, and liability allocation. It's particularly relevant in technology and service-based industries where companies want to expand their offering portfolio quickly while maintaining brand consistency. The agreement must comply with Canadian federal laws and applicable provincial regulations, particularly regarding privacy, consumer protection, and electronic commerce.
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1. Parties: Identification of the service provider (white label solution provider) and the client (reseller)
2. Background: Context of the agreement, brief description of the white label solution and business relationship
3. Definitions: Key terms used throughout the agreement including 'White Label Solution', 'End Users', 'Intellectual Property Rights', etc.
4. Service Provision: Detailed description of the white label solution and services to be provided
5. Branding and Marketing: Terms governing the rebranding and marketing of the solution under the client's brand
6. License Grant: Scope of license for using the white label solution and associated intellectual property
7. Fees and Payment: Pricing structure, payment terms, and billing arrangements
8. Service Levels: Performance standards, availability commitments, and support services
9. Data Protection and Privacy: Obligations regarding data handling, privacy compliance, and security measures
10. Intellectual Property Rights: Ownership and protection of IP, including customizations and developments
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination conditions
13. Warranties and Indemnities: Representations, warranties, and mutual indemnification provisions
14. Limitation of Liability: Caps on liability and exclusions of certain types of damages
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Implementation Services: Details of setup, configuration, and deployment services - include when provider handles implementation
2. Training and Support: Specific training and ongoing support provisions - include when comprehensive training is part of the deal
3. Revenue Sharing: Terms for revenue sharing arrangements - include when the business model involves revenue sharing
4. White Label API Access: Terms for API access and integration - include when API access is part of the solution
5. Disaster Recovery: Disaster recovery and business continuity provisions - include for critical business solutions
6. Marketing Cooperation: Joint marketing and promotion terms - include when parties agree to collaborative marketing
7. Customization Rights: Terms for custom development and modifications - include when customization is permitted
8. Geographic Restrictions: Territory limitations and exclusivity terms - include when geographic restrictions apply
1. Schedule A - Service Description: Detailed technical specifications and features of the white label solution
2. Schedule B - Service Level Agreement: Detailed service levels, metrics, and remedies for breach
3. Schedule C - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing models
4. Schedule D - Support Services: Support level definitions, response times, and escalation procedures
5. Schedule E - Data Processing Agreement: Detailed data handling procedures and privacy compliance requirements
6. Schedule F - Branding Guidelines: Specifications for rebranding and use of white label elements
7. Appendix 1 - Authorized End Users: Categories or lists of permitted end users of the solution
8. Appendix 2 - Security Requirements: Detailed security protocols and compliance requirements
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