White Label License Agreement for India

White Label License Agreement Template for India

A White Label License Agreement under Indian law is a comprehensive legal document that establishes the terms and conditions under which one party (licensor) permits another party (licensee) to rebrand and resell their product or service under the licensee's own brand name. This agreement is governed by Indian contract law and intellectual property legislation, including the Indian Contract Act, 1872, and various IP protection laws. It covers crucial aspects such as licensing rights, quality control, branding requirements, technical support, fees, and compliance with Indian regulatory requirements.

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What is a White Label License Agreement?

The White Label License Agreement is essential for businesses seeking to leverage existing products or services through rebranding arrangements in the Indian market. This document is particularly valuable when a company wants to expand its product portfolio without developing products from scratch, or when a provider wants to extend market reach through branded resellers. The agreement, governed by Indian law, typically includes detailed provisions for intellectual property rights, quality control, technical support, and compliance with Indian regulations. It's commonly used in software, financial services, and technology sectors, where white labeling is a established business strategy. The document must comply with Indian Contract Act, 1872, Information Technology Act, 2000, and relevant intellectual property laws while addressing specific requirements for data protection and consumer rights under Indian legislation.

What sections should be included in a White Label License Agreement?

1. Parties: Identification of the licensor (provider) and licensee (reseller), including full legal names and registered addresses

2. Background: Context of the agreement, brief description of the product/service, and the parties' intentions regarding white labeling

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'White Label Product', 'Territory', 'Intellectual Property Rights', etc.

4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses of the white label product

5. Branding and Trademark Rights: Rights and restrictions regarding the rebranding of the product/service, usage of trademarks, and brand guidelines

6. Quality Control: Standards and requirements for maintaining product quality, including inspection rights and compliance measures

7. Fees and Payment Terms: Licensing fees, royalties, payment schedule, and related financial terms

8. Intellectual Property Rights: Ownership of IP, protection measures, and handling of improvements or modifications

9. Confidentiality: Protection of confidential information, trade secrets, and proprietary information

10. Representations and Warranties: Guarantees regarding product quality, IP rights, and legal compliance

11. Support and Maintenance: Provider's obligations for technical support, updates, and maintenance services

12. Term and Termination: Duration of the agreement, renewal terms, and termination rights

13. Post-Termination Obligations: Responsibilities and restrictions after agreement termination

14. General Provisions: Standard clauses including governing law, dispute resolution, force majeure, and notices

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

1. Data Protection: Required when the white label product involves processing personal data, covering GDPR or similar compliance requirements

2. Export Control: Necessary for international agreements or products subject to export regulations

3. Source Code Escrow: Relevant for software products where source code protection is critical

4. Service Level Agreement: Required for software or service-based products with specific performance requirements

5. Marketing and Promotion: Detailed terms for marketing activities and promotional requirements

6. Training and Documentation: When the product requires specific training or documentation support

7. Compliance with Industry Regulations: Required for regulated industries like healthcare, finance, or telecommunications

8. Insurance Requirements: When specific insurance coverage is needed for high-risk products or services

What schedules should be included in a White Label License Agreement?

1. Product Specifications: Detailed technical specifications and features of the white label product

2. Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

3. Service Level Requirements: Performance metrics, response times, and service quality standards

4. Brand Guidelines: Specific requirements for product branding and trademark usage

5. Support Services: Detailed description of support and maintenance services provided

6. Territory Definition: Specific geographical areas or markets covered by the license

7. Approved Sub-licensees: List of approved third parties for distribution or resale, if applicable

8. Quality Control Procedures: Detailed procedures for quality assurance and testing

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

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Software and Technology

Financial Services

Healthcare Technology

Manufacturing

E-commerce

Telecommunications

Professional Services

Digital Marketing

Education Technology

Payment Processing

Cloud Services

Consumer Products

Relevant Teams

Legal

Business Development

Product Management

Sales

Compliance

Intellectual Property

Operations

Marketing

Commercial

Partnership Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Business Development Manager

Product Manager

Licensing Manager

Commercial Director

Partnership Manager

Compliance Officer

Brand Manager

Sales Director

Contract Manager

IP Rights Manager

Chief Executive Officer

Operations Manager

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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