The White Label Contract serves as a crucial legal instrument in the Indonesian business landscape, enabling companies to expand their product or service offerings without developing them from scratch. This document is essential when a business wants to rebrand and sell another company's products/services under their own brand name, a common practice across various industries including technology, financial services, and retail. The agreement must comply with Indonesian legal requirements, including the Civil Code, intellectual property laws, and consumer protection regulations. It typically includes detailed provisions on licensing, quality control, technical specifications, support services, and commercial terms. The document is particularly relevant in today's market where businesses seek efficient ways to expand their portfolio while maintaining brand identity and quality standards.
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1. Parties: Identification of the parties entering into the agreement - the white label provider and the reseller/distributor
2. Background: Context of the agreement, including the provider's ownership of the product/service and reseller's desire to market it under their brand
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of products/services covered under the white label arrangement
5. Grant of Rights: Terms of licensing, rebranding rights, and territory restrictions
6. Branding and Intellectual Property: Rules regarding use of trademarks, branding guidelines, and IP ownership
7. Quality Control: Standards and specifications that must be maintained for the white labeled products/services
8. Commercial Terms: Pricing, payment terms, minimum purchase commitments if any
9. Obligations of Provider: Provider's responsibilities including product delivery, support, maintenance
10. Obligations of Reseller: Reseller's responsibilities including marketing, sales, customer service
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Confidentiality: Protection of confidential information and trade secrets
13. Warranties and Indemnities: Guarantees provided by each party and indemnification obligations
14. Limitation of Liability: Limits on parties' liability and exclusions
15. Governing Law and Dispute Resolution: Choice of law and methods for resolving disputes
16. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement
1. Data Protection and Privacy: Required if personal data processing is involved in the white label arrangement
2. Export Control: Necessary for international white label arrangements involving controlled goods or technology
3. Source Code Escrow: Relevant for software white label agreements where source code protection is required
4. Service Level Agreement: Required for white label services with specific performance requirements
5. Change Control: Needed for complex products/services requiring formal change management processes
6. Insurance: Required for high-risk products or services requiring specific insurance coverage
7. Training and Support: Detailed terms for technical training and ongoing support if significant support is required
8. Regulatory Compliance: Specific compliance obligations for regulated industries
1. Schedule 1 - Products/Services Description: Detailed technical specifications of white labeled products/services
2. Schedule 2 - Pricing and Payment Terms: Detailed pricing structure, payment terms, and commission rates
3. Schedule 3 - Service Levels: Performance metrics, service standards, and related penalties/rewards
4. Schedule 4 - Branding Guidelines: Specific requirements for use of brands, logos, and marketing materials
5. Schedule 5 - Support Services: Details of technical support, maintenance, and customer service arrangements
6. Schedule 6 - Territory and Exclusivity: Detailed description of geographical territory and any exclusivity rights
7. Schedule 7 - Quality Standards: Specific quality requirements and testing procedures
8. Appendix A - Approved Subcontractors: List of approved third-party service providers or subcontractors
9. Appendix B - Contact Details: Key contact information for both parties including escalation procedures
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