White Label Services Agreement Template for Australia

A white label services agreement governs the relationship between a service provider and a reseller, where the provider's services are rebranded and sold under the reseller's own product brand. This arrangement lets a business expand its service portfolio without building new capabilities internally, while the provider reaches new markets through established distribution channels.

What is a white label services agreement?

It is a commercial contract that sets out how a provider supplies a service, and how a reseller includes that service in its own offering, prices it, and sells it to end customers under its own brand. The document defines who does what, who owns the intellectual property, how customers are supported, and how the parties get paid. It differs from a white label software licence or a white label manufacturing arrangement because the core deliverable is an ongoing service rather than a licensed product or a manufactured good.

When do you need this document?

You need a white label services agreement when your business wants to sell services developed by another company under your own brand. This is common in technology sectors where software providers let resellers rebrand their platforms, in marketing agencies offering white label digital services, and in professional services where one firm delivers work under another's name. It is equally important when you are the provider wanting to reach more customers through partners while keeping quality control and protecting your intellectual property. Any arrangement where branding, customer relationships, pricing and service delivery responsibilities need a clear definition should be put in writing and signed.

What should a white label services agreement include?

A complete agreement usually covers the following:

• Scope of services and performance standards, with service levels and remedies if targets are missed.
• Branding and trade mark licensing, so the reseller can market the service under its own product brand.
• Intellectual property ownership, including any improvements or customisations created during the relationship.
• Pricing, fees and payment terms, including invoicing, timing and any revenue share.
• Data handling and confidentiality obligations for end-customer information.
• Support responsibilities, response times and how issues are escalated and reviewed.
• Term, renewal, termination and the notice each party must give to end the arrangement.
• Liability caps, indemnities and how costs are allocated between the parties.

Who owns the customer and the brand?

In most white label arrangements the reseller owns the customer relationship and markets under its own brand, while the provider retains ownership of the underlying technology or methodology. The agreement should state this directly: the reseller licenses the right to use the service and present it as its own, and the provider licenses only what the reseller needs to sell the product. Getting this split right avoids disputes over customer lists, trade marks and intellectual property if the relationship ends.

White label services agreement vs licence agreement

Legal requirements in Australia

Australian white label agreements must comply with the Competition and Consumer Act 2010, which prohibits misleading and deceptive conduct and requires fair trading. The Australian Consumer Law applies to end-customer relationships, so both parties may carry liability for consumer guarantees and warranties on the service sold. The Privacy Act 1988 applies when personal information is collected, used or disclosed, requiring clear data-handling procedures. Intellectual property protection under the Copyright Act 1968 and Trade Marks Act 1995 must be structured so the reseller's use of the product brand does not infringe the provider's rights. The Electronic Transactions Act 1999 lets the parties sign the agreement electronically, and the Corporations Act 2001 may impose disclosure and governance duties on companies in the arrangement.

For related documents, see our white label agreement templates and browse the full template library.