White Label Agreement

White Label Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a White Label Agreement under Swiss law for a SaaS platform that we'll be providing to multiple European financial institutions, with strict data protection provisions and service level commitments starting March 2025."

Document background

This White Label Agreement template is designed for use under Swiss jurisdiction when one company wishes to provide its products or services to another company for rebranding and distribution. The agreement is particularly relevant in scenarios where businesses want to expand their product portfolio without developing new products internally, or when providers wish to extend their market reach through established brands. It incorporates essential elements required under Swiss law, including provisions from the Code of Obligations, data protection regulations, and intellectual property laws. The document covers comprehensive terms for licensing, quality control, branding requirements, operational procedures, and compliance obligations, making it suitable for both physical products and digital services. It's structured to protect both parties' interests while ensuring clarity in their respective rights and obligations under Swiss legal framework.

Suggested Sections

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

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement, including Product, White Label Rights, Territory, etc.

4. Grant of Rights: Scope of white labeling rights, including licensing, rebranding, and distribution rights

5. Branding and Trademark Usage: Rules and requirements for applying the reseller's branding to the white label products

6. Quality Control: Standards, specifications, and quality assurance requirements

7. Supply Terms: Terms of product/service delivery, ordering process, and lead times

8. Pricing and Payment: Fee structure, payment terms, and pricing mechanisms

9. Intellectual Property Rights: IP ownership, protection, and related warranties

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: Compliance with Swiss data protection laws and data handling requirements

12. Representations and Warranties: Standard and specific warranties related to the white label products

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Term and Termination: Duration, renewal, and termination provisions

15. Post-Termination Obligations: Rights and obligations that survive termination

16. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.

Optional Sections

1. Marketing and Promotion: Specific requirements for marketing the white label products - include if reseller has marketing rights

2. Service Level Agreement: Detailed service performance metrics - include for service-based white label products

3. Territory Restrictions: Geographical limitations on distribution - include if territory-specific rights are granted

4. Minimum Purchase Requirements: Minimum order quantities or revenue commitments - include if volume commitments are required

5. Customer Support: Support responsibilities and procedures - include if customer support is part of the arrangement

6. Customization Rights: Rights to modify or customize the product - include if customization is permitted

7. Training and Support: Provider's obligations for training reseller's staff - include if training is required

8. Regulatory Compliance: Industry-specific compliance requirements - include for regulated industries

Suggested Schedules

1. Product Specifications: Detailed technical specifications of the white label products

2. Pricing Schedule: Detailed pricing structure, including volume discounts and special rates

3. Branding Guidelines: Specific requirements for applying reseller's branding

4. Quality Standards: Detailed quality control requirements and acceptance criteria

5. Service Level Metrics: Detailed performance metrics and service levels

6. Approved Territories: List of authorized territories for distribution

7. Support Procedures: Detailed support protocols and escalation procedures

8. Data Processing Agreement: Detailed terms for handling personal data in compliance with Swiss law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Software and Technology

Financial Services

Manufacturing

Telecommunications

Consumer Products

Professional Services

Healthcare Technology

E-commerce

Digital Marketing

Banking and Finance

Insurance

Pharmaceutical

Relevant Teams

Legal

Commercial

Sales

Business Development

Operations

Product Management

Procurement

Compliance

Marketing

Brand Management

Partnership Management

Technical Operations

Relevant Roles

Chief Executive Officer

Commercial Director

Chief Operating Officer

Legal Counsel

Head of Sales

Business Development Manager

Product Manager

Brand Manager

Procurement Manager

Licensing Manager

Contract Manager

Chief Technology Officer

Partnership Manager

Operations Director

Compliance Officer

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