The White Label Mobile App Agreement is essential for businesses seeking to license and rebrand existing mobile applications under their own brand name in the Canadian market. This agreement is typically used when a software developer or technology company has created a mobile application that can be customized and rebranded for use by other businesses. The document addresses crucial aspects such as licensing terms, customization scope, branding requirements, technical specifications, service levels, support services, and data protection obligations. It ensures compliance with Canadian federal and provincial laws, including privacy regulations (PIPEDA), consumer protection legislation, and digital commerce laws. The agreement is particularly relevant in scenarios where businesses want to offer mobile app functionality to their customers without investing in full custom development, while maintaining their brand identity and control over the end-user experience.
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1. Parties: Identification of the app provider and the white label partner
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope of the white label license and usage rights
5. Branding and White Label Requirements: Requirements for branding, customization, and white labeling of the app
6. Intellectual Property Rights: Ownership and protection of IP, including the app, modifications, and customer data
7. Service Levels: Performance standards, availability requirements, and service level commitments
8. Fees and Payment Terms: Pricing structure, payment terms, and financial obligations
9. Support and Maintenance: Technical support, maintenance services, and update procedures
10. Data Protection and Privacy: Obligations regarding user data protection and privacy compliance
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Parties' warranties regarding the app, services, and legal compliance
13. Limitation of Liability: Limitations on liability and damages
14. Term and Termination: Duration of agreement, renewal terms, and termination rights
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Hardware Requirements: Include when the app requires specific hardware or device specifications
2. International Distribution: Include when the app will be distributed in multiple countries
3. Revenue Sharing: Include when there's a revenue sharing model between parties
4. Marketing and Promotion: Include detailed marketing obligations and restrictions when relevant
5. Integration Services: Include when additional integration with client systems is required
6. Training: Include when training services are provided for the client's staff
7. Disaster Recovery: Include detailed disaster recovery procedures for critical applications
8. Source Code Escrow: Include when source code escrow arrangements are required
1. Technical Specifications: Detailed technical specifications of the mobile app
2. Service Level Agreement: Detailed service levels, metrics, and remedies
3. Fee Schedule: Detailed breakdown of fees, charges, and payment terms
4. Support Services: Detailed description of support services and procedures
5. Branding Guidelines: Specific requirements for white labeling and branding
6. Security Requirements: Detailed security protocols and requirements
7. Data Processing Agreement: Detailed terms for processing personal data
8. Acceptance Testing Criteria: Criteria and procedures for acceptance testing
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