The White Label License Agreement is essential for businesses operating in Germany who wish to leverage existing products or services by rebranding them under their own name. This type of agreement is particularly relevant in today's market where companies seek to expand their product offerings without investing in development from scratch. The document, structured under German law, covers critical aspects such as licensing terms, quality standards, intellectual property rights, technical specifications, and compliance requirements. It's commonly used in software, financial services, and technology sectors, but can be adapted for any industry where white labeling is practical. The agreement must comply with German civil law (BGB), commercial law (HGB), and where applicable, specific regulations such as banking law (KWG) or telecommunications law (TKG).
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1. Parties: Identification of the contracting parties (licensor and licensee) with full legal details
2. Background: Context of the agreement, including brief description of the product/service and business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Grant of License: Scope of the license, including territory, exclusivity, and permitted uses
5. White Labeling Rights and Obligations: Specific rights and requirements regarding branding, rebranding, and presentation of the product/service
6. Intellectual Property Rights: Ownership and protection of IP, including trademarks, copyrights, and other intellectual property
7. Quality Control and Standards: Requirements for maintaining product/service quality and brand standards
8. Fees and Payment Terms: Financial terms, including license fees, payment schedules, and reporting requirements
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information and trade secrets
11. Warranties and Representations: Warranties provided by each party regarding their rights and capabilities
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and notice requirements
1. Technical Support and Maintenance: Include when the licensor provides ongoing technical support or maintenance services
2. Service Levels: Include when specific performance metrics or service levels need to be maintained
3. Data Protection: Include when personal data processing is involved, ensuring GDPR compliance
4. Marketing and Promotion: Include when specific marketing requirements or restrictions apply
5. Training and Documentation: Include when the licensor must provide training or documentation
6. Source Code Escrow: Include for software licenses where source code protection is required
7. Territory Restrictions: Include when specific geographical limitations apply
8. Minimum Purchase Requirements: Include when the licensee must meet minimum purchase or usage levels
1. Schedule 1 - Licensed Products/Services: Detailed description of the products or services being licensed
2. Schedule 2 - Technical Specifications: Technical requirements and specifications for the licensed product/service
3. Schedule 3 - Branding Guidelines: Specific requirements for white labeling and brand usage
4. Schedule 4 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
5. Schedule 5 - Service Level Agreement: Detailed service levels and performance metrics if applicable
6. Schedule 6 - Support and Maintenance Terms: Detailed support and maintenance provisions if applicable
7. Appendix A - Approved Territories: List of territories where the license is valid
8. Appendix B - Approved Sub-licensees: List of approved sub-licensees if sub-licensing is permitted
Authors
Relevant legal definitions
Clauses
Relevant Industries
Software and Technology
Financial Services
Telecommunications
Healthcare Technology
Manufacturing
Professional Services
E-commerce
Media and Entertainment
Insurance
Educational Technology
Energy and Utilities
Retail
Relevant Teams
Legal
Commercial
Product Development
Business Development
Compliance
Technical Operations
Partner Management
Intellectual Property
Sales
Executive Leadership
Operations
Relevant Roles
Chief Legal Officer
Legal Counsel
Licensing Manager
Commercial Director
Chief Technology Officer
Product Manager
Business Development Manager
Compliance Officer
Contract Manager
Chief Commercial Officer
Partner Management Director
Intellectual Property Manager
Chief Executive Officer
Head of Partnerships
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