A White Label Agreement is essential when a business wants to sell products or services under its own brand name while having them manufactured or provided by another company. This contract type, governed by Dutch law, is commonly used across various industries including financial services, technology, and consumer goods. The agreement typically covers crucial elements such as product specifications, quality standards, intellectual property rights, pricing, and service levels. It must comply with Dutch civil law requirements and relevant EU regulations, particularly regarding contract formation, unfair terms, and consumer protection. The document is especially relevant in scenarios where businesses seek to expand their product portfolio without investing in manufacturing or development capabilities, or when service providers want to offer their solutions through established brands.
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1. Parties: Identification of the manufacturer/service provider and the reseller/distributor
2. Background: Context of the agreement, including brief description of parties' businesses and purpose of the white label arrangement
3. Definitions: Defined terms used throughout the agreement, including Products, Territory, Intellectual Property Rights, etc.
4. Appointment and Scope: Terms of appointment, exclusivity (if any), and territorial scope
5. Supply of Products/Services: Core obligations regarding the provision of white label products/services
6. Branding and Intellectual Property: Rights and restrictions regarding branding, use of trademarks, and IP ownership
7. Quality Control and Standards: Quality requirements, testing procedures, and acceptance criteria
8. Ordering and Delivery: Process for ordering, lead times, delivery terms, and acceptance procedures
9. Prices and Payment: Pricing structure, payment terms, invoicing, and price adjustment mechanisms
10. Warranties and Quality Assurance: Product/service warranties, quality guarantees, and remedies for defects
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement, renewal terms, and termination rights
13. Post-Termination: Obligations and rights after agreement ends, including treatment of remaining inventory
14. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Regulatory Compliance: Include when products/services are in regulated industries (e.g., financial services, healthcare)
2. Data Protection: Required when personal data processing is involved in the white label arrangement
3. Service Levels: Include when the agreement involves services with specific performance requirements
4. Marketing and Promotion: Add when specific marketing obligations or restrictions apply
5. Training and Support: Include when manufacturer must provide training or technical support
6. Source Code Escrow: Add for software white label agreements to protect reseller's interests
7. Manufacturing Standards: Include for physical products requiring specific manufacturing processes or certifications
8. Export Control: Required for international white label arrangements involving controlled goods
9. Disaster Recovery: Include for critical services requiring business continuity provisions
10. Change Control: Add when formal processes for changes to products/services are needed
1. Product/Service Specifications: Detailed technical specifications of white label products/services
2. Pricing Schedule: Detailed pricing structure, including volume discounts and price review mechanisms
3. Service Level Agreement: Specific performance metrics, measurement methods, and remedies
4. Branding Guidelines: Specific requirements for use of brands, logos, and marketing materials
5. Quality Standards: Detailed quality requirements and testing procedures
6. Territory Definition: Detailed description of geographic territories and any restrictions
7. Support Services: Details of support services, response times, and escalation procedures
8. Compliance Requirements: Specific regulatory or industry compliance requirements
9. Change Request Process: Procedures for requesting and implementing changes to products/services
10. Contact Details: Key contacts and escalation matrix for both parties
Relevant legal definitions
Agreement
Applicable Law
Background IP
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Contract Year
Customer
Deliverables
Delivery Location
Documentation
End User
Force Majeure Event
Foreground IP
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
License
Manufacturer's Marks
Minimum Order Quantity
Order
Party/Parties
Personnel
Price
Product Specifications
Products
Quality Standards
Quarter
Regulatory Requirements
Renewal Term
Reseller's Marks
Services
Service Levels
Specifications
Sub-contractor
Supply Chain
Term
Territory
Third Party
Trade Marks
Warranty Period
White Label Products
Working Hours
Applicable Law
Background IP
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Contract Year
Customer
Deliverables
Delivery Location
Documentation
End User
Force Majeure Event
Foreground IP
Good Industry Practice
Group
Initial Term
Intellectual Property Rights
Key Performance Indicators
License
Manufacturer's Marks
Minimum Order Quantity
Order
Party/Parties
Personnel
Price
Product Specifications
Products
Quality Standards
Quarter
Regulatory Requirements
Renewal Term
Reseller's Marks
Services
Service Levels
Specifications
Sub-contractor
Supply Chain
Term
Territory
Third Party
Trade Marks
Warranty Period
White Label Products
Working Hours
Clauses
Appointment and Authority
Scope
Term and Duration
Supply Obligations
Ordering Process
Delivery
Product Specifications
Quality Control
Price and Payment
Invoicing
Intellectual Property
Branding
License Grant
Manufacturing Standards
Service Levels
Performance Monitoring
Acceptance Testing
Warranties
Support Services
Training
Marketing and Promotion
Exclusivity
Non-Compete
Confidentiality
Data Protection
Regulatory Compliance
Record Keeping
Audit Rights
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Post-Termination Obligations
Assignment
Sub-contracting
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Scope
Term and Duration
Supply Obligations
Ordering Process
Delivery
Product Specifications
Quality Control
Price and Payment
Invoicing
Intellectual Property
Branding
License Grant
Manufacturing Standards
Service Levels
Performance Monitoring
Acceptance Testing
Warranties
Support Services
Training
Marketing and Promotion
Exclusivity
Non-Compete
Confidentiality
Data Protection
Regulatory Compliance
Record Keeping
Audit Rights
Insurance
Liability
Indemnification
Force Majeure
Termination
Exit Management
Post-Termination Obligations
Assignment
Sub-contracting
Notices
Amendments
Severability
Entire Agreement
Governing Law
Dispute Resolution
Relevant Industries
Technology
Software
Financial Services
Manufacturing
Consumer Goods
Telecommunications
Healthcare
Pharmaceuticals
Food and Beverage
Electronics
Professional Services
E-commerce
Digital Services
Banking
Insurance
Relevant Teams
Legal
Commercial
Operations
Procurement
Sales
Business Development
Product Management
Brand Management
Compliance
Supply Chain
Technology
Research and Development
Finance
Risk Management
Relevant Roles
Chief Executive Officer
Commercial Director
Head of Legal
Legal Counsel
Chief Operating Officer
Procurement Manager
Sales Director
Business Development Manager
Product Manager
Brand Manager
Operations Manager
Chief Technology Officer
Compliance Officer
Contract Manager
Supply Chain Manager
Chief Commercial Officer
Partnership Manager
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