A White Label License Agreement is essential for businesses seeking to leverage existing products or services under their own brand in the Philippine market. This document type is particularly crucial when companies want to expand their product portfolio without developing products from scratch, or when technology providers wish to extend their market reach through established distributors. The agreement, governed by Philippine law, must comply with local regulations including the Intellectual Property Code of the Philippines, Data Privacy Act, and E-commerce Act. It typically includes detailed provisions for licensing rights, quality control, branding requirements, technical specifications, and service level commitments. This agreement type is commonly used in software, financial services, and technology sectors where white-labeling is a standard business practice.
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1. Parties: Identification of the licensor and licensee, including their legal status and registered addresses
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the white label arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of License: Scope of the license, including territory, exclusivity/non-exclusivity, and permitted uses
5. Branding Requirements: Rules for rebranding, use of trademarks, and white labeling specifications
6. Quality Control: Standards for product/service quality, inspection rights, and compliance requirements
7. Fees and Payment Terms: License fees, royalties, payment schedules, and related financial terms
8. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
9. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
10. Confidentiality: Protection of trade secrets and confidential information
11. Representations and Warranties: Parties' assertions regarding their rights, capabilities, and compliance
12. Limitation of Liability: Scope of liability and indemnification provisions
13. Data Protection: Compliance with Philippine Data Privacy Act and data handling procedures
14. Governing Law and Jurisdiction: Application of Philippine law and dispute resolution mechanisms
1. Source Code Escrow: Terms for source code protection and access - include when licensing software products
2. Training and Support: Details of technical support and training services - include when ongoing support is part of the arrangement
3. Marketing and Promotion: Guidelines for marketing the white labeled products - include when joint marketing efforts are planned
4. End User Terms: Requirements for end user agreements - include when licensee will be sublicensing to end users
5. Customization Rights: Terms for product modification - include when licensee has rights to customize the product
6. Geographic Restrictions: Specific territorial limitations - include when license is geographically restricted
7. Minimum Purchase Requirements: Minimum order or usage requirements - include for volume-based arrangements
1. Schedule A - Licensed Products/Services: Detailed description of products or services covered by the agreement
2. Schedule B - Brand Guidelines: Specific requirements for branding, including logos, colors, and styling
3. Schedule C - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
4. Schedule D - Service Level Agreement: Performance metrics and service standards
5. Schedule E - Technical Specifications: Technical requirements and integration specifications
6. Schedule F - Support Services: Details of support services, response times, and escalation procedures
7. Appendix 1 - Approved Sublicensees: List of approved third parties (if applicable)
8. Appendix 2 - Quality Control Procedures: Detailed quality assurance and testing requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Telecommunications
Manufacturing
E-commerce
Healthcare Technology
Educational Technology
Digital Marketing
Professional Services
Relevant Teams
Legal
Commercial
Business Development
Product Development
Brand Management
Compliance
Technical Operations
Intellectual Property
Partnerships
Finance
Relevant Roles
Chief Legal Officer
Legal Counsel
Intellectual Property Lawyer
Commercial Director
Business Development Manager
Product Manager
Brand Manager
Licensing Manager
Chief Technology Officer
Chief Commercial Officer
Contract Manager
Compliance Officer
Partnership Manager
Operations Director
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