The White Label Agreement is a crucial commercial contract used when a business wants to sell another company's product or service under its own brand name. This agreement type is particularly important in New Zealand's business environment, where it must comply with specific legislative requirements including the Fair Trading Act 1986, Consumer Guarantees Act 1993, and Contract and Commercial Law Act 2017. The document is typically used when companies want to expand their product offerings without developing new products themselves, or when manufacturers want to increase distribution through established brands. The agreement covers essential elements such as licensing rights, quality standards, pricing structures, and service level requirements, while ensuring proper risk allocation and consumer protection in accordance with New Zealand law.
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1. Parties: Identification of the manufacturer/service provider and the white label partner
2. Background: Context of the agreement, nature of the business relationship, and general objectives
3. Definitions: Key terms used throughout the agreement including Product, Territory, Brand, Intellectual Property Rights
4. Grant of Rights: Scope of white labeling rights, territory, exclusivity terms
5. Branding and Intellectual Property: Rules for brand usage, trademark licenses, ownership of IP
6. Quality Control: Quality standards, approval processes, compliance requirements
7. Supply Terms: Ordering process, delivery terms, minimum purchase requirements
8. Pricing and Payment: Price structure, payment terms, price review mechanisms
9. Obligations of Manufacturer: Product/service delivery, quality maintenance, support services
10. Obligations of White Label Partner: Marketing, distribution, customer service responsibilities
11. Warranties and Representations: Product/service warranties, compliance with laws, authority to contract
12. Term and Termination: Duration, renewal options, termination rights
13. Confidentiality: Protection of confidential information and trade secrets
14. Liability and Indemnification: Risk allocation, limitation of liability, indemnification obligations
15. General Provisions: Standard boilerplate clauses including governing law, notices, assignment
1. Manufacturing Standards: Detailed manufacturing requirements and standards - include for physical products
2. Data Protection: Specific data handling and privacy requirements - include if personal data is processed
3. Service Level Agreement: Performance metrics and service standards - include for service-based agreements
4. Territory-Specific Requirements: Special requirements for specific territories - include for multi-jurisdiction agreements
5. Marketing Guidelines: Detailed marketing requirements and restrictions - include if specific brand control is needed
6. Change Control: Process for managing changes to products/services - include for complex or technical products
7. Source Code Escrow: Source code protection arrangements - include for software products
8. Training and Support: Training and ongoing support provisions - include for technical products/services
1. Schedule 1 - Products/Services: Detailed description of products or services covered by the agreement
2. Schedule 2 - Price List: Pricing structure, including any volume discounts or special rates
3. Schedule 3 - Service Levels: Detailed service level requirements and metrics
4. Schedule 4 - Brand Guidelines: Specific requirements for brand usage and positioning
5. Schedule 5 - Technical Specifications: Technical details and requirements for products/services
6. Schedule 6 - Territory: Detailed description of authorized territory and any restrictions
7. Appendix A - Approved Sub-contractors: List of approved sub-contractors if applicable
8. Appendix B - Quality Standards: Detailed quality control requirements and processes
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