White Label License Agreement for Malta

White Label License Agreement Template for Malta

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White Label License Agreement

"I need a White Label License Agreement for a fintech software platform that will be licensed to banks in Malta, with specific emphasis on data protection compliance and revenue sharing arrangements, planned to launch in March 2025."

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What is a White Label License Agreement?

A White Label License Agreement is essential for businesses looking to expand their product offerings without developing products from scratch. This agreement type is particularly relevant in Malta's thriving financial services, gaming, and technology sectors, where white labeling is a common business strategy. The document establishes the legal framework for one company to license its product or service to another company for rebranding and resale, covering crucial aspects such as intellectual property rights, service levels, data protection, and compliance with Maltese regulations. It's especially important in regulated industries where clear delineation of responsibilities and compliance obligations is crucial. The agreement must comply with Malta's legal requirements while providing comprehensive protection for both the licensor's intellectual property and the licensee's business interests.

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

1. Parties: Identification of the licensor (provider) and licensee (white label partner), including registered addresses and company details

2. Background: Context of the agreement, brief description of the product/service being licensed, and parties' intentions

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 Marketing: Requirements and restrictions regarding branding, marketing materials, and promotional activities

6. Service Levels: Performance standards, availability requirements, and service level commitments

7. Fees and Payment: License fees, payment terms, invoicing procedures, and any revenue sharing arrangements

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

9. Confidentiality: Protection of confidential information, permitted disclosures, and survival terms

10. Data Protection: GDPR compliance, data processing obligations, and data security requirements

11. Representations and Warranties: Standard and specific warranties regarding the product/service, compliance with laws, and authority to contract

12. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

13. Term and Termination: Duration of agreement, renewal terms, termination rights, and post-termination obligations

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

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

1. Technical Support and Maintenance: Include when the agreement covers ongoing technical support and maintenance services

2. Training and Implementation: Include when the licensor provides training or implementation services to the licensee

3. Quality Control: Include when specific quality standards need to be maintained for the white labeled product/service

4. Source Code Escrow: Include when software is involved and source code escrow arrangements are required

5. Minimum Performance Requirements: Include when there are specific sales targets or performance metrics the licensee must meet

6. Territory Restrictions: Include when there are specific geographical restrictions or territory-based requirements

7. Compliance with Industry Regulations: Include when the product/service is subject to specific industry regulations

8. Change Control: Include when formal procedures for managing changes to the product/service are required

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

1. Schedule 1 - Product/Service Description: Detailed description of the white label product/service, including technical specifications

2. Schedule 2 - Service Level Agreement: Detailed service levels, performance metrics, and remedies for failure

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule 4 - Branding Guidelines: Specific requirements for branding, use of marks, and marketing materials

5. Schedule 5 - Technical Requirements: Technical specifications, integration requirements, and compatibility standards

6. Schedule 6 - Support Services: Details of support services, response times, and escalation procedures

7. Schedule 7 - Data Processing Agreement: GDPR-compliant data processing terms and security requirements

8. Appendix A - Approved Territories: List of territories where the license is valid

9. Appendix B - Authorized Users: Categories or list of authorized users of the white label product/service

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Software and Technology

Banking

Insurance

Healthcare Technology

E-commerce

Gaming and iGaming

Telecommunications

Professional Services

Digital Marketing

Payment Services

Cloud Services

SaaS (Software as a Service)

Fintech

Relevant Teams

Legal

Commercial

Business Development

Product Development

Operations

Compliance

Technical

Marketing

Finance

Risk Management

Information Technology

Intellectual Property

Partner Relations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Commercial Officer

Head of Legal

Legal Counsel

Commercial Director

Business Development Manager

Product Manager

Licensing Manager

Compliance Officer

Technical Director

Operations Manager

Brand Manager

Partnership Manager

Contract Manager

IP Counsel

Risk Manager

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