White Label Agreement for India

White Label Agreement Template for India

A comprehensive agreement governed by Indian law that establishes the terms and conditions under which one party (manufacturer/service provider) allows another party to rebrand and sell their products or services under their own brand name. The agreement covers essential aspects including intellectual property rights, quality control, compliance with Indian regulations, supply terms, and liability allocation. It incorporates specific provisions required under Indian contract law and relevant sector-specific regulations, while addressing both traditional manufacturing and modern digital service white labeling arrangements.

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What is a White Label Agreement?

A White Label Agreement is essential for businesses looking to expand their product or service offerings without investing in development or manufacturing capabilities. This document, governed by Indian law, establishes the legal framework for one party to manufacture or provide services that another party can rebrand and sell under their own name. It's commonly used in various sectors from software and financial services to consumer goods and manufacturing. The agreement needs to comply with Indian regulatory requirements, including the Indian Contract Act, 1872, Trade Marks Act, 1999, and sector-specific regulations. It covers crucial aspects such as intellectual property rights, quality standards, territory restrictions, pricing, and liability allocation, while ensuring protection for both the original provider and the white label partner.

What sections should be included in a White Label Agreement?

1. Parties: Identification of the manufacturer/service provider and the white label partner

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement including Products, Territory, Intellectual Property Rights, etc.

4. Grant of Rights: Scope of white labeling rights, territory, and any restrictions

5. Intellectual Property Rights: Ownership, usage rights, and restrictions regarding trademarks, copyrights, and other IP

6. Quality Control: Standards, specifications, and quality assurance requirements

7. Supply Terms: Ordering process, delivery terms, pricing, and payment conditions

8. Confidentiality: Protection of confidential information and trade secrets

9. Representations and Warranties: Promises and guarantees made by both parties

10. Indemnification: Protection against third-party claims and liability allocation

11. Term and Termination: Duration, renewal, and termination conditions

12. Post-Termination Obligations: Rights and duties of parties after agreement ends

13. Governing Law and Jurisdiction: Application of Indian law and dispute resolution mechanisms

14. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments

What sections are optional to include in a White Label Agreement?

1. Marketing and Promotion: Include when the agreement covers marketing responsibilities and restrictions

2. Training and Support: Include when technical training or ongoing support is part of the arrangement

3. Exclusivity: Include when either party is granted exclusive rights in certain territories or markets

4. Regulatory Compliance: Include when products/services require specific regulatory approvals or compliance

5. Source Code Escrow: Include for software/technology white label agreements

6. Data Protection: Include when personal data processing is involved

7. Insurance: Include when specific insurance requirements are needed

8. Force Majeure: Include when specific force majeure conditions need detailed treatment

What schedules should be included in a White Label Agreement?

1. Schedule 1 - Products/Services: Detailed description of products or services covered under the agreement

2. Schedule 2 - Specifications: Technical specifications and quality standards

3. Schedule 3 - Pricing and Payment Terms: Detailed pricing structure, payment terms, and commercial conditions

4. Schedule 4 - Service Levels: Performance metrics and service level requirements

5. Schedule 5 - Trademark Usage Guidelines: Rules and specifications for using trademarks and branding

6. Schedule 6 - Territory: Detailed description of geographical areas covered

7. Appendix A - Approved Subcontractors: List of approved third-party vendors or subcontractors

8. Appendix B - Compliance Requirements: Specific regulatory and 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

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Software and SaaS

Financial Services

Manufacturing

Consumer Goods

Pharmaceuticals

Electronics

Telecommunications

Food and Beverage

Professional Services

E-commerce

Healthcare

Relevant Teams

Legal

Commercial

Operations

Procurement

Sales

Marketing

Business Development

Product Development

Compliance

Brand Management

Quality Assurance

Relevant Roles

Chief Executive Officer

Chief Operating Officer

Chief Legal Officer

Legal Counsel

Commercial Director

Business Development Manager

Product Manager

Operations Manager

Procurement Manager

Brand Manager

Intellectual Property Manager

Compliance Officer

Contract Manager

Sales Director

Marketing Director

Industries
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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