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White Label Agreement Template for Switzerland

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Key Requirements PROMPT example:

White Label Agreement

I need a white label agreement that allows my company to rebrand and sell a third-party software product under our own brand name, with provisions for confidentiality, intellectual property rights, and a 2-year term with an option for renewal. The agreement should also include clauses for support and maintenance services provided by the original developer.

What is a White Label Agreement?

A White Label Agreement lets one company sell another company's product or service under its own brand name and logo. In Switzerland, these contracts are especially common in financial services, where banks and asset managers offer investment products created by other firms but marketed under their own identity.

Under Swiss law, these agreements must clearly define quality standards, intellectual property rights, and liability between parties. They're particularly valuable for businesses wanting to expand their product range without developing everything in-house. The Swiss Financial Market Supervisory Authority (FINMA) closely monitors white label arrangements in banking and securities trading to ensure proper risk management and consumer protection.

When should you use a White Label Agreement?

Consider a White Label Agreement when you need to quickly expand your product lineup without extensive development costs. This works especially well for Swiss financial institutions looking to offer specialized investment products, trading platforms, or wealth management solutions under their own brand.

The agreement becomes essential when entering regulated markets where building in-house solutions would require significant FINMA approvals and compliance measures. It's particularly valuable for smaller Swiss banks and fintech companies aiming to compete with larger institutions, or when testing new market segments before committing to full product development.

What are the different types of White Label Agreement?

  • Basic Service Agreement: Covers straightforward product or service reselling with minimal customization, common in Swiss software and fintech sectors
  • Full Platform License: Allows complete rebranding of complex systems, typically used by Swiss banks for trading platforms
  • Manufacturing Agreement: Enables production and distribution of physical products under different brands, popular in Swiss pharmaceutical and consumer goods industries
  • Technology Transfer: Combines software licensing with technical support, frequently used in Swiss financial services
  • Hybrid Distribution: Blends white labeling with co-branding options, common in Swiss insurance and investment products

Who should typically use a White Label Agreement?

  • Manufacturing Companies: Create and supply white-labeled products while maintaining production quality standards and specifications
  • Swiss Banks and Asset Managers: License investment products and platforms from larger institutions to offer under their own brand
  • Legal Counsel: Draft and review White Label Agreements to ensure FINMA compliance and protect intellectual property rights
  • Quality Control Teams: Monitor product standards and maintain consistency across branded offerings
  • Compliance Officers: Ensure agreements meet Swiss regulatory requirements and maintain proper documentation

How do you write a White Label Agreement?

  • Product Specifications: Document detailed quality standards, technical requirements, and performance metrics
  • Brand Guidelines: Outline exact rules for logo usage, marketing materials, and customer-facing content
  • Regulatory Compliance: Gather relevant FINMA requirements and sector-specific regulations affecting your product
  • IP Rights: List all intellectual property involved, including patents, trademarks, and trade secrets
  • Service Levels: Define performance standards, support commitments, and response times
  • Risk Allocation: Determine liability limits and insurance requirements between parties

What should be included in a White Label Agreement?

  • Parties and Scope: Clear identification of contracting parties and detailed description of white-labeled products or services
  • Quality Standards: Specific performance metrics and compliance requirements under Swiss regulations
  • Intellectual Property: Detailed licensing terms and brand usage guidelines aligned with Swiss IP law
  • Confidentiality: Data protection measures meeting Swiss federal data protection requirements
  • Liability Framework: Risk allocation and indemnification provisions under Swiss Code of Obligations
  • Termination Rights: Clear exit conditions and post-termination obligations for both parties

What's the difference between a White Label Agreement and a Contract Manufacturing Agreement?

A White Label Agreement differs significantly from a Contract Manufacturing Agreement, though both involve production relationships. Let's explore their key distinctions:

  • Branding Rights: White Label Agreements focus primarily on brand usage and marketing rights, allowing complete rebranding of products. Contract Manufacturing Agreements concentrate on production specifications without addressing branding.
  • Scope of Control: White Label Agreements give the buyer more control over marketing and customer relationships. Contract Manufacturing Agreements typically limit control to production specifications and quality standards.
  • Regulatory Requirements: Under Swiss law, White Label Agreements often need additional FINMA approval, especially in financial services. Contract Manufacturing Agreements focus more on industrial standards and quality control.
  • Intellectual Property: White Label Agreements include extensive IP licensing provisions for brand usage. Contract Manufacturing Agreements primarily protect manufacturing processes and trade secrets.

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