The White Label Solution Agreement is a critical commercial contract used when a business wants to leverage another company's existing solution by rebranding and marketing it as their own. This arrangement is common in Malaysia's growing digital economy, where companies seek to expand their service offerings without developing solutions from scratch. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Personal Data Protection Act 2010, and Electronic Commerce Act 2006. It covers essential elements such as licensing terms, service levels, support arrangements, data protection, intellectual property rights, and commercial terms. The document is particularly relevant for technology companies, financial institutions, and service providers operating in Malaysia who want to quickly launch new products or services while maintaining their brand identity.
White Label Solution Agreement for Malaysia
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Key Requirements PROMPT example:
White Label Solution Agreement
"I need a White Label Solution Agreement for my fintech company to allow Malaysian banks to rebrand and resell our payment processing platform, with implementation starting January 2025 and including strict data security requirements for the banking sector."
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1. Parties: Identification of the solution provider and the white label partner/reseller
2. Background: Context of the agreement, brief description of the solution and business relationship
3. Definitions: Key terms used throughout the agreement including Solution, Services, Territory, Intellectual Property Rights
4. Appointment and License: Scope of authorization to resell/white label the solution and associated license terms
5. Branding and White Labeling Rights: Rights and restrictions regarding rebranding and presentation of the solution
6. Provider Obligations: Core obligations of the solution provider including implementation, maintenance, and support
7. Reseller Obligations: Core obligations of the reseller including marketing, minimum commitments, and end-user support
8. Intellectual Property Rights: Ownership and usage rights of IP, including underlying solution and branded elements
9. Fees and Payment: Pricing structure, payment terms, and any revenue sharing arrangements
10. Data Protection: Obligations regarding data handling, privacy compliance, and security measures
11. Confidentiality: Protection of confidential information exchanged between parties
12. Term and Termination: Duration of agreement, renewal provisions, and termination rights
13. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations
14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Implementation Services: Detailed section on implementation process and timelines, needed for complex solutions requiring significant setup
2. Training: Requirements for training reseller's staff, needed when solution requires specialized knowledge
3. Marketing and Promotion: Detailed marketing requirements and restrictions, needed when specific marketing commitments are required
4. Territory Restrictions: Specific geographical or market restrictions, needed for agreements with territorial limitations
5. Non-Competition: Restrictions on competing activities, needed when exclusivity or competition concerns exist
6. Source Code Escrow: Source code escrow arrangements, needed for critical business solutions
7. Insurance: Specific insurance requirements, needed for high-risk or regulated industries
8. Compliance with Laws: Specific regulatory compliance obligations, needed in regulated industries
1. Solution Description: Detailed technical specifications and functionality of the white label solution
2. Service Levels: Service level agreements, performance metrics, and remedies
3. Support Services: Details of support levels, response times, and escalation procedures
4. Fee Schedule: Detailed pricing, payment terms, and revenue sharing calculations
5. Branding Guidelines: Specific requirements and restrictions for white labeling and branding
6. Security Requirements: Technical and organizational security measures required
7. Data Processing Terms: Detailed data protection and processing requirements
8. Implementation Plan: Project plan, milestones, and deliverables for solution implementation
Authors
Relevant legal definitions
Agreement
Authorized Users
Background IP
Branding Guidelines
Business Day
Confidential Information
Configuration Services
Customer Data
Documentation
Effective Date
End User
End User Agreement
Fees
Force Majeure Event
Implementation Plan
Implementation Services
Intellectual Property Rights
License
Maintenance Services
Personal Data
Provider
Provider Materials
Reseller
Reseller Marks
Revenue Share
Security Requirements
Service Credits
Service Levels
Services
Solution
Support Services
Term
Territory
Third Party Materials
Updates
User Interface
White Label Rights
Authorized Users
Background IP
Branding Guidelines
Business Day
Confidential Information
Configuration Services
Customer Data
Documentation
Effective Date
End User
End User Agreement
Fees
Force Majeure Event
Implementation Plan
Implementation Services
Intellectual Property Rights
License
Maintenance Services
Personal Data
Provider
Provider Materials
Reseller
Reseller Marks
Revenue Share
Security Requirements
Service Credits
Service Levels
Services
Solution
Support Services
Term
Territory
Third Party Materials
Updates
User Interface
White Label Rights
Clauses
Appointment
License Grant
White Labeling Rights
Service Provision
Implementation
Support Services
Maintenance
Training
Service Levels
Fees and Payment
Revenue Share
Intellectual Property
Data Protection
Confidentiality
Security
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Non-Competition
Assignment
Dispute Resolution
Governing Law
Insurance
Audit Rights
Change Control
Notice
Entire Agreement
Severability
Marketing and Promotion
Compliance with Laws
Subcontracting
Territory Rights
Performance Obligations
License Grant
White Labeling Rights
Service Provision
Implementation
Support Services
Maintenance
Training
Service Levels
Fees and Payment
Revenue Share
Intellectual Property
Data Protection
Confidentiality
Security
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Non-Competition
Assignment
Dispute Resolution
Governing Law
Insurance
Audit Rights
Change Control
Notice
Entire Agreement
Severability
Marketing and Promotion
Compliance with Laws
Subcontracting
Territory Rights
Performance Obligations
Relevant Industries
Financial Services
Technology
E-commerce
Healthcare
Education
Telecommunications
Professional Services
Banking
Insurance
Digital Marketing
Software Development
Cloud Services
Consulting
Relevant Teams
Legal
Commercial
Technology
Operations
Sales
Business Development
Compliance
Product Development
Procurement
Information Technology
Strategy
Partner Relations
Relevant Roles
Chief Technology Officer
Head of Legal
Commercial Director
Partnership Manager
Product Manager
Business Development Director
Legal Counsel
Compliance Officer
Operations Director
Chief Information Officer
Sales Director
Strategy Manager
Technology Manager
Procurement Manager
Contract Manager
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