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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 in Singapore. The agreement should include terms on intellectual property rights, confidentiality, and a clear outline of the responsibilities and liabilities of both parties.
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 - think of it like putting your logo on someone else's expertly made product. Under Singapore law, these agreements carefully spell out who owns what rights, especially around intellectual property and trademarks registered with IPOS.
The agreement covers key points like quality standards, pricing controls, and confidentiality requirements. It's particularly common in Singapore's fintech and banking sectors, where companies need to follow MAS guidelines about outsourcing and third-party services. The agreement protects both sides while letting businesses expand their offerings without developing everything from scratch.
When should you use a White Label Agreement?
A White Label Agreement becomes essential when you're ready to sell your product through another company's brand, or vice versa. It's particularly valuable for Singapore fintech startups looking to partner with established banks, or for local businesses wanting to expand their service offerings without heavy investment in new product development.
The timing is right when you need to define clear boundaries around branding, quality control, and revenue sharing. This becomes crucial when dealing with MAS-regulated financial services, healthcare products requiring HSA approval, or technology services where IP protection matters. Having the agreement in place before starting operations prevents costly disputes and regulatory complications.
What are the different types of White Label Agreement?
- White Label Service Agreement: Used for service-based offerings like payment processing or customer support, with detailed SLAs and operational guidelines under MAS regulations
- White Label Software Agreement: Specifically designed for software products and platforms, focusing on licensing terms, technical specifications, and maintenance obligations while protecting IP rights under Singapore's Copyright Act
Who should typically use a White Label Agreement?
- Service Providers: Companies creating products or services for white labeling, often tech firms or financial institutions registered with ACRA and regulated by MAS
- Brand Partners: Businesses that rebrand and sell the white-labeled offerings under their own name, typically established Singapore companies with strong market presence
- Legal Teams: In-house counsel or external law firms who draft and review agreements to ensure compliance with Singapore's regulatory framework
- Compliance Officers: Internal staff who monitor adherence to quality standards and regulatory requirements, especially in regulated industries
How do you write a White Label Agreement?
- Company Details: Gather ACRA registration info, business addresses, and authorized signatories from both parties
- Service Scope: Define exact products or services, quality standards, and performance metrics for Singapore market
- Branding Rules: Document trademark usage guidelines, marketing restrictions, and IPOS registration details
- Compliance Check: Review relevant MAS regulations or sector-specific requirements that affect your agreement
- Payment Terms: Outline pricing structure, revenue sharing model, and GST implications
- Draft Generation: Use our platform to create a customized agreement that includes all required elements under Singapore law
What should be included in a White Label Agreement?
- Parties & Scope: Full legal names, ACRA registration numbers, and detailed service descriptions
- Branding Rights: Clear terms for trademark usage, marketing guidelines, and intellectual property ownership
- Quality Standards: Specific performance metrics, service levels, and compliance requirements
- Commercial Terms: Pricing structure, payment schedules, and GST considerations
- Data Protection: PDPA compliance measures and data handling protocols
- Termination Clauses: Clear exit conditions and post-termination obligations
- Governing Law: Explicit statement of Singapore law jurisdiction and dispute resolution methods
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 partnerships. While White Label Agreements focus on rebranding and selling products under a different name, Agency Agreements establish a representative relationship where one party acts on behalf of another.
- Control and Branding: White Label Agreements transfer complete branding control to the buyer, while Agency Agreements maintain the principal's brand identity
- Legal Liability: Under Singapore law, white label providers typically retain product liability, while agents can create direct legal obligations for their principals
- Revenue Structure: White Label deals usually involve wholesale pricing and markup freedom, whereas Agency Agreements typically work on commission or fee structures
- Regulatory Focus: White Label Agreements emphasize IP rights and quality standards, while Agency Agreements focus on authority limits and fiduciary duties under Singapore's Agency Law
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