White Label Agreement Template for Australia

A White Label Agreement is a commercial contract that allows you to resell another company's products or services under your own brand name. In Australia, these agreements must comply with federal competition, consumer protection, and intellectual property laws while establishing clear rights and obligations between the provider and reseller.

When do you need this document?

You need a White Label Agreement when your business wants to offer products or services without developing them internally. This arrangement is common in the technology sector where software companies license their platforms to other businesses for rebranding. Financial services providers frequently use white label agreements for payment processing, lending platforms, or investment tools. Manufacturing companies often white label products for retailers who want to sell items under their own brand. E-commerce platforms, marketing automation tools, and professional services are also commonly white labelled. The agreement becomes essential whenever you're either providing your solution to another business for rebranding or acquiring a third-party solution to rebrand as your own.

Key legal considerations

The most critical aspect is intellectual property licensing, which must clearly define what branding elements, trademarks, and copyrighted materials can be used and how. Quality control provisions are essential to protect brand reputation, establishing standards the reseller must maintain and giving the provider audit rights. Revenue sharing and pricing structures need careful definition to avoid competition law issues. Liability allocation is crucial, particularly regarding consumer complaints, product defects, or service failures. The agreement must address data handling responsibilities, especially if customer information is shared between parties. Termination clauses should cover transition periods, customer data return, and post-termination obligations. Territory restrictions and exclusivity arrangements must comply with competition laws while protecting both parties' commercial interests.

Legal requirements in Australia

Australian law imposes specific obligations on white label arrangements through the Competition and Consumer Act 2010, which requires fair dealing between commercial parties and prohibits misleading or deceptive conduct. The Australian Consumer Law mandates that consumer guarantees cannot be excluded, so your agreement must ensure these protections flow through to end customers. Privacy Act 1988 compliance is mandatory if personal information is collected or shared, requiring appropriate privacy policies and data handling procedures. Trademark licensing must comply with the Trade Marks Act 1995, ensuring proper registration and licensing procedures. Industry-specific regulations may apply, particularly in financial services (ASIC requirements), telecommunications (ACMA compliance), or healthcare (TGA regulations). The agreement should include Australian governing law clauses and dispute resolution mechanisms that recognise Australian court jurisdiction.