White Label Reseller Agreement Template for Austria

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Key Requirements PROMPT example:

White Label Reseller Agreement

"I need a White Label Reseller Agreement under Austrian law for my SaaS platform, with exclusive territory rights for DACH countries and specific provisions for data protection compliance, as we handle sensitive customer data."

Document background
The White Label Reseller Agreement is essential for businesses looking to expand their market presence through partner channels while maintaining brand control. This document type is particularly relevant in the Austrian market, where it must comply with both national commercial laws and EU regulations. It's commonly used when a company wants to provide its products or services to another business that will rebrand and resell them as their own. The agreement covers crucial aspects such as intellectual property rights, territory definitions, quality control, pricing structures, and compliance with Austrian and EU data protection laws. It's particularly important for technology companies, service providers, and businesses with scalable solutions that can be white-labeled. The document includes specific provisions required under Austrian law (UGB and ABGB) while ensuring compliance with EU regulations such as GDPR and competition law.
Suggested Sections

1. Parties: Identification of the supplier and reseller, including full legal names and registered addresses

2. Background: Context of the agreement, including brief description of the supplier's business, products/services, and the purpose of the white label arrangement

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Appointment and Territory: Terms of reseller appointment, exclusivity status, and defined territorial limits

5. License Grant: Scope of rights granted to resell products/services under reseller's own brand

6. Intellectual Property Rights: Protection and usage rights of supplier's IP, including trademark and white labeling provisions

7. Supply of Products/Services: Terms governing the ordering process, delivery, and acceptance of products/services

8. Prices and Payment: Pricing structure, payment terms, invoicing, and related financial obligations

9. Quality Standards: Required quality standards, compliance requirements, and quality control processes

10. Marketing and Promotion: Guidelines for marketing the white-labeled products/services

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance and data handling requirements

13. Warranties and Indemnities: Warranties provided by both parties and indemnification obligations

14. Term and Termination: Duration of agreement, renewal terms, and termination provisions

15. Post-Termination: Obligations and rights of parties after agreement termination

16. General Provisions: Standard boilerplate clauses including force majeure, notices, and governing law

Optional Sections

1. Minimum Purchase Requirements: Include when supplier requires reseller to maintain minimum order volumes

2. Support Services: Include when supplier provides technical or customer support services

3. Training: Include when supplier provides product/service training to reseller

4. Insurance: Include when specific insurance requirements are needed

5. Source Code Escrow: Include for software products requiring source code protection

6. Service Level Agreement: Include when specific performance metrics need to be maintained

7. Customization Rights: Include when reseller has rights to customize or modify products

8. Sub-reseller Rights: Include when reseller is permitted to appoint sub-resellers

Suggested Schedules

1. Products and Services Schedule: Detailed description of products/services covered by the agreement

2. Price List: Comprehensive pricing structure including discounts and volume pricing

3. Territory Definition: Detailed description of geographical or market territory

4. Service Level Requirements: Specific performance metrics and service levels to be maintained

5. Brand Guidelines: Requirements for use of brands and white labeling

6. Technical Specifications: Detailed technical requirements and specifications

7. Support Services Description: Details of support services provided by supplier

8. Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Software and Technology

IT Services

Financial Services

Telecommunications

Manufacturing

Professional Services

Cloud Services

Healthcare Technology

E-commerce Solutions

Digital Marketing

Business Process Outsourcing

Educational Technology

Relevant Teams

Legal

Sales

Business Development

Partnerships

Operations

Finance

Compliance

Product Management

Commercial

Strategy

Information Technology

Relevant Roles

Chief Executive Officer

Commercial Director

Head of Partnerships

Legal Counsel

Business Development Manager

Sales Director

Channel Manager

Partnership Manager

Contract Manager

Chief Technology Officer

Product Manager

Operations Director

Compliance Officer

Chief Financial Officer

Strategic Alliance Manager

Industries
Austrian Commercial Code (Unternehmensgesetzbuch – UGB): Primary legislation governing commercial relationships and business transactions in Austria, including provisions for commercial contracts and business relationships
Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB): Fundamental law governing contractual relationships, including general contract formation, validity, and enforcement
Austrian Federal Law against Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb – UWG): Regulates fair competition and business practices, particularly relevant for reseller relationships and market behavior
EU General Data Protection Regulation (GDPR): Governs the processing and transfer of personal data, crucial for data handling aspects in white label arrangements
Austrian Data Protection Act (Datenschutzgesetz – DSG): National implementation of data protection requirements, complementing GDPR
Austrian Trademark Protection Act (Markenschutzgesetz): Regulates trademark protection and usage, essential for white labeling arrangements
EU Trade Secrets Directive (as implemented in Austria): Protects confidential business information and know-how, crucial for white label relationships
Austrian E-Commerce Act (E-Commerce-Gesetz – ECG): Regulates electronic business transactions and online commerce, relevant if the reseller agreement involves digital products or services
Austrian Consumer Protection Act (Konsumentenschutzgesetz – KSchG): May be relevant if the reseller's customers include consumers, affecting warranty and liability provisions
EU Block Exemption Regulation for Vertical Agreements: Provides framework for distribution agreements under EU competition law, relevant for vertical relationships between supplier and reseller
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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