White Label Partnership Agreement Template for South Africa

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Key Requirements PROMPT example:

White Label Partnership Agreement

"I need a White Label Partnership Agreement for my South African fintech company to allow a major retail bank to rebrand and sell our payment processing software, with strict data protection provisions and a revenue sharing model of 70/30 starting from March 2025."

Document background
The White Label Partnership Agreement is essential for businesses in South Africa looking to expand their market presence through strategic partnerships without developing their own products or services. This agreement type is particularly relevant in today's digital economy where companies seek to leverage existing solutions while maintaining their market identity. The document addresses key aspects required under South African law, including consumer protection, data privacy (POPIA compliance), and competition law considerations. It sets out comprehensive terms covering intellectual property rights, quality standards, commercial arrangements, and operational procedures. The agreement is designed to protect both the provider's intellectual property and know-how while giving the reseller sufficient rights to effectively market and sell the white-labeled products or services. It includes specific provisions for the South African market context, such as B-BBEE considerations where applicable, and aligns with local regulatory requirements for various regulated industries.
Suggested Sections

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

2. Background: Context of the agreement, including the purpose of the white label arrangement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Rights: Scope of rights granted to rebrand and resell the products/services

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Branding and Marketing Requirements: Rules and requirements for rebranding and marketing the white label products/services

7. Quality Control: Standards and processes for maintaining product/service quality

8. Commercial Terms: Pricing, payment terms, and revenue sharing arrangements

9. Service Levels: Performance standards and metrics for the white label services

10. Intellectual Property Rights: Protection and usage of IP, including trademarks and copyrights

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with POPIA and data handling requirements

13. Warranties and Indemnities: Guarantees, representations, and protection against claims

14. Limitation of Liability: Limits on parties' liability and exclusions

15. General Provisions: Standard clauses including notices, governing law, and dispute resolution

Optional Sections

1. Territory Restrictions: Geographic limitations on the reseller's rights - include when the agreement is territory-specific

2. Minimum Purchase Requirements: Minimum order or revenue commitments - include for volume-based partnerships

3. Training and Support: Provider's obligations for partner training - include when complex products/services are involved

4. Customer Support Requirements: Service desk and support obligations - include when partner handles customer support

5. Marketing Development Funds: Terms for marketing support and funding - include when provider offers marketing assistance

6. Non-Compete Provisions: Competitive restrictions - include when exclusivity is required

7. Change Control: Process for managing changes to services/products - include for technical or complex services

8. Disaster Recovery: Business continuity requirements - include for critical services or regulated industries

Suggested Schedules

1. Schedule 1: Products and Services: Detailed description of white label products/services covered

2. Schedule 2: Pricing and Commercial Terms: Detailed pricing structures, commissions, and payment terms

3. Schedule 3: Service Level Agreement: Detailed service levels, metrics, and remedies

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

5. Schedule 5: Technical Requirements: Technical specifications and integration requirements

6. Schedule 6: Support Procedures: Detailed support processes and escalation procedures

7. Appendix A: Approved Territories: List of authorized geographic regions for resale

8. Appendix B: Report Templates: Standard formats for required reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Technology and Software

Financial Services

Manufacturing

Telecommunications

Professional Services

Healthcare

Retail and E-commerce

Insurance

Marketing and Advertising

Education and Training

Relevant Teams

Legal

Commercial

Business Development

Operations

Compliance

Product Development

Marketing

Sales

Finance

Information Technology

Customer Support

Risk Management

Relevant Roles

Chief Executive Officer

Commercial Director

Head of Partnerships

Legal Counsel

Chief Technology Officer

Business Development Manager

Operations Director

Compliance Officer

Product Manager

Brand Manager

Partnership Manager

Contract Manager

Chief Commercial Officer

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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