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White Label Agreement
"I need a white label agreement for a software product, allowing rebranding and resale by the partner, with a 2-year term, 10% royalty on sales, and quarterly performance reviews."
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 in Saudi Arabia. Think of it like putting your logo and name on someone else's high-quality product - common in sectors like software, banking, and telecommunications.
Under Saudi commercial law, these agreements must clearly outline quality standards, intellectual property rights, and Sharia-compliant payment terms. The arrangement benefits both parties: the original manufacturer reaches new markets while the seller builds their brand without developing products from scratch. Many Saudi businesses use these agreements to expand their offerings quickly while maintaining compliance with local regulations.
When should you use a White Label Agreement?
Consider a White Label Agreement when you're ready to expand your product line quickly without investing in research and development. This agreement works especially well for Saudi businesses entering new markets or adding services like financial technology, healthcare solutions, or consumer goods to their existing offerings.
The timing is perfect when you have a strong brand presence but lack specific product expertise, or when market demand requires rapid deployment of new solutions. Under Saudi law, these agreements need careful structuring to address Sharia compliance, local content requirements, and technology transfer regulations. Getting the agreement in place early helps avoid delays in product launches and regulatory approvals.
What are the different types of White Label Agreement?
- White Label Software License: Specialized for software and digital services, this variation includes detailed technical specifications, API access rights, and hosting requirements. Popular among Saudi fintech companies and digital service providers.
- Product Manufacturing Agreement: Focuses on physical goods production, quality control standards, and halal certification requirements when needed.
- Service Provider Agreement: Designed for business services, including customer support, maintenance, and operational requirements under Saudi commercial regulations.
- Distribution-Focused Agreement: Emphasizes territorial rights, marketing obligations, and local content requirements under Saudi distribution laws.
Who should typically use a White Label Agreement?
- Brand Owners: Saudi companies looking to expand their product offerings by selling white-labeled products under their established brand name and market presence.
- Manufacturers/Service Providers: Original producers or developers who create the actual products or services, often seeking to enter the Saudi market through established local brands.
- Legal Counsel: Both in-house and external lawyers who ensure White Label Agreements comply with Saudi commercial law, Sharia principles, and industry regulations.
- Compliance Officers: Professionals who monitor adherence to quality standards, local content requirements, and regulatory obligations.
- Marketing Teams: Staff responsible for rebranding and promoting white-labeled products within Saudi market guidelines.
How do you write a White Label Agreement?
- Product Details: Document complete specifications, quality standards, and technical requirements aligned with Saudi market expectations.
- Brand Guidelines: Gather both parties' branding requirements, including permitted usage, marketing restrictions, and local content rules.
- Compliance Checklist: Review Sharia compliance needs, Saudi commercial regulations, and industry-specific requirements.
- Pricing Structure: Define payment terms, profit-sharing arrangements, and currency considerations that meet Islamic finance principles.
- Service Levels: Outline performance metrics, support responsibilities, and quality control measures.
- Exit Strategy: Plan transition procedures, data handling, and intellectual property rights post-agreement.
What should be included in a White Label Agreement?
- Party Identification: Full legal names, commercial registration numbers, and authorized representatives under Saudi law.
- Scope Definition: Detailed description of products/services, quality standards, and Sharia-compliant performance metrics.
- Branding Rights: Clear terms for trademark usage, marketing restrictions, and intellectual property protection.
- Payment Terms: Islamic finance-compliant pricing, profit-sharing arrangements, and payment schedules.
- Quality Control: Product standards, inspection rights, and compliance with Saudi technical regulations.
- Termination Provisions: Clear exit procedures, transition requirements, and dispute resolution mechanisms under Saudi jurisdiction.
- Governing Law: Explicit reference to Saudi law and Sharia principles as governing authority.
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 in Saudi Arabia. While White Label Agreements focus on rebranding and selling products under a different name, Agency Agreements establish a representative relationship without product rebranding.
- Control and Autonomy: White Label Agreements grant full branding control to the buyer, while Agency Agreements maintain the original brand identity with the agent acting as a representative.
- Legal Responsibility: Under Saudi law, white label buyers assume direct responsibility for the product, whereas agents operate on behalf of the principal company.
- Revenue Structure: White Label deals typically involve wholesale purchasing and independent pricing, while Agency Agreements usually operate on commission-based models.
- Market Presence: White Label products appear as the buyer's own brand, while Agency relationships openly acknowledge the original manufacturer's identity.
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