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White Label Agreement
I need a white label agreement that allows my company to rebrand and sell a software product developed by a third-party provider. The agreement should include terms for intellectual property rights, confidentiality, and a revenue-sharing model, with a provision for termination with 30 days' notice.
What is a White Label Agreement?
A White Label Agreement lets one company sell another company's product or service under their own brand name - it's like putting your logo on someone else's quality work. In New Zealand's competitive market, these agreements help businesses expand their offerings without developing everything from scratch.
The agreement covers key points like quality standards, pricing structures, and how the original maker stays behind the scenes. It needs to comply with NZ Fair Trading Act requirements around consumer protection and transparency. Many Kiwi tech firms and financial service providers use white labeling to quickly launch new products while managing their compliance obligations under local regulations.
When should you use a White Label Agreement?
Consider a White Label Agreement when you want to offer new products or services quickly without developing them in-house. It's particularly valuable for NZ businesses looking to expand their market presence while maintaining their brand identity - like financial services firms adding investment products or tech companies expanding their software offerings.
This agreement becomes essential when you need clear terms around branding, quality control, and customer support responsibilities. It helps navigate the Fair Trading Act requirements and industry-specific regulations. Many Kiwi businesses use these agreements to scale faster, reduce development costs, and maintain compliance while accessing proven solutions.
What are the different types of White Label Agreement?
- White Label Software Agreement: Core agreement for licensing and rebranding existing software platforms, covering hosting, updates, and technical support obligations
- White Label Mobile App Agreement: Specialized version focusing on mobile applications, addressing app store requirements and mobile-specific features
- White Label Software Reseller Agreement: Comprehensive agreement combining white labeling with distribution rights, including sales targets and territory restrictions
Who should typically use a White Label Agreement?
- Service Providers: Original creators of products or services who want to expand market reach while staying behind the scenes - common in NZ's tech and financial sectors
- Brand Owners: Companies looking to expand their product lineup quickly without development costs, often including established Kiwi businesses entering new markets
- Legal Teams: In-house counsel and external lawyers who draft and review agreements to ensure compliance with NZ consumer protection laws
- Compliance Officers: Professionals who monitor adherence to quality standards and regulatory requirements across both parties
How do you write a White Label Agreement?
- Product Details: Document exact specifications, features, and customization options for the white-labeled product or service
- Branding Guidelines: Gather both parties' brand requirements, logo specifications, and style guides
- Quality Standards: Define performance metrics, service levels, and maintenance responsibilities
- Pricing Structure: Outline fees, revenue sharing arrangements, and payment terms
- Compliance Check: Review Fair Trading Act requirements and industry-specific regulations
- Support Framework: Determine customer service responsibilities and technical support arrangements
What should be included in a White Label Agreement?
- Parties and Scope: Clear identification of both parties and detailed description of white-labeled products or services
- License Terms: Rights granted, territory limitations, and usage restrictions under NZ law
- Quality Control: Specific standards, monitoring processes, and compliance requirements
- Branding Rules: Detailed guidelines for using trademarks and intellectual property
- Confidentiality: Protection of trade secrets and sensitive business information
- Term and Termination: Duration, renewal options, and exit conditions
- Dispute Resolution: NZ jurisdiction, mediation procedures, and governing law clauses
What's the difference between a White Label Agreement and an Agency Agreement?
A White Label Agreement differs significantly from an Agency Agreement in several key aspects, though both involve business relationships where one party represents another's interests. Here are the crucial distinctions:
- Brand Ownership: White Label Agreements allow complete rebranding of products under the buyer's identity, while Agency Agreements maintain the principal's brand identity
- Legal Relationship: White Label providers act as independent suppliers, not agents - they have no authority to bind the brand owner legally
- Customer Relationships: Under White Label Agreements, the brand owner owns all customer relationships and data, whereas agents typically manage relationships on behalf of the principal
- Liability Structure: White Label providers are responsible for product quality and compliance, while agents typically share liability with their principal under NZ law
- Revenue Model: White Label deals usually involve wholesale pricing structures, unlike agency commissions in Agency Agreements
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