A White Label License Agreement is essential for businesses seeking to leverage existing solutions under their own brand in the Irish market. This document is particularly relevant when a company wants to offer products or services developed by another entity under its own branding, without investing in developing the solution from scratch. The agreement, governed by Irish law, encompasses crucial elements such as licensing rights, branding requirements, service level commitments, data protection compliance (particularly under GDPR and Irish Data Protection Act 2018), technical specifications, and commercial terms. It's commonly used in technology, financial services, and various digital service sectors where white-labeling is a strategic business model. The agreement ensures compliance with Irish and EU regulations while protecting both parties' interests in terms of intellectual property, confidentiality, and operational requirements.
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1. Parties: Identification of the Licensor (provider of white label solution) and Licensee (entity rebranding the solution)
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 Licensed Products/Services, Territory, Intellectual Property Rights, etc.
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. Branding and White Label Requirements: Rules for rebranding, usage of trademarks, and white labeling specifications
6. Service Levels and Support: Performance standards, maintenance, technical support, and service availability commitments
7. Fees and Payment Terms: License fees, payment schedule, pricing model, and payment conditions
8. Intellectual Property Rights: Ownership of IP, restrictions, and protection measures
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection and Privacy: GDPR compliance, data processing terms, and privacy obligations
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Warranties and Indemnities: Representations, warranties, and indemnification obligations
13. Limitation of Liability: Liability caps and exclusions
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Marketing and Promotion: Requirements for marketing the white label solution - include if parties agree on joint marketing or specific promotional requirements
2. Training and Implementation: Details of training and implementation support - include if licensor provides these services
3. Revenue Sharing: Revenue sharing model and calculations - include if agreement involves revenue sharing instead of fixed fees
4. Source Code Escrow: Source code protection and access conditions - include for software solutions where source code security is crucial
5. Customization Rights: Terms for customizing the white label solution - include if customization is permitted
6. Multi-tier Distribution: Rules for sublicensing or distribution through multiple tiers - include if sublicensing is allowed
7. Geographic Restrictions: Specific territorial limitations and requirements - include for international licensing
8. Change Control: Process for managing changes to the solution - include for complex technical solutions
1. Schedule 1 - Licensed Products/Services: Detailed description of the white label solution, including technical specifications
2. Schedule 2 - Service Level Agreement: Detailed service levels, KPIs, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and calculation methods
4. Schedule 4 - Technical Requirements: Technical specifications, integration requirements, and platform compatibility
5. Schedule 5 - Support Services: Detailed support procedures, response times, and escalation process
6. Schedule 6 - Branding Guidelines: Specific requirements for white labeling and rebranding
7. Appendix A - Data Processing Agreement: GDPR-compliant data processing terms and conditions
8. Appendix B - Security Requirements: Security standards, protocols, and compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
SaaS (Software as a Service)
Financial Services
Healthcare Technology
E-commerce
Digital Marketing
Telecommunications
Professional Services
FinTech
Information Technology
Cloud Services
Business Process Outsourcing
Educational Technology
Relevant Teams
Legal
Commercial
Business Development
Product Management
Operations
Partnerships
Compliance
Technology
Executive Leadership
Procurement
Sales
Marketing
Information Technology
Risk Management
Relevant Roles
Chief Technology Officer
Head of Legal
Commercial Director
Business Development Manager
Product Manager
Legal Counsel
Licensing Manager
Partnership Manager
Operations Director
Chief Commercial Officer
Head of Partnerships
Contract Manager
Head of Product
Compliance Officer
Chief Executive Officer
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