The White Label License Agreement is essential for businesses operating in Malaysia who wish to license their products or services for rebranding and distribution by other companies. This agreement type is particularly relevant in today's digital economy where companies seek to expand their service offerings without developing products from scratch. It covers critical aspects such as intellectual property rights, technical specifications, service levels, and compliance with Malaysian regulations including the PDPA 2010, Contracts Act 1950, and relevant industry-specific regulations. The agreement is designed to protect both the original solution provider's interests and enable the licensee's successful market deployment while ensuring clear allocation of responsibilities and risks.
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1. Parties: Identification of the licensor (solution provider) and licensee (white label partner)
2. Background: Context of the agreement, brief description of the solution being licensed, and general purpose of the white label arrangement
3. Definitions: Key terms used throughout the agreement, including Technical Terms, Licensed Products, White Label Marks, etc.
4. Grant of License: Scope of the license, including rights to modify, rebrand, and distribute the licensed product/service
5. White Labeling Rights and Obligations: Specific terms regarding rebranding, modification permissions, and branding guidelines
6. Technical Requirements: Technical specifications, integration requirements, and maintenance obligations
7. Service Levels: Performance standards, uptime guarantees, and support obligations
8. Fees and Payment: License fees, recurring charges, payment terms, and pricing structure
9. Intellectual Property Rights: Ownership of IP, protection measures, and infringement procedures
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with PDPA 2010 and data handling requirements
12. Term and Termination: Duration, renewal terms, and termination rights
13. Post-Termination Obligations: Duties and rights after agreement ends
14. Warranties and Indemnities: Standard warranties, representations, and indemnification provisions
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Territory and Exclusivity: Used when granting exclusive rights in specific geographic regions
2. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
3. Training and Support: When comprehensive training or support services are part of the arrangement
4. Source Code Escrow: When source code access might be required in specific circumstances
5. End User Terms: When standardized end-user terms need to be implemented
6. Disaster Recovery: When dealing with critical systems requiring specific recovery procedures
7. Change Control: When formal processes for changes to the licensed solution are required
8. Revenue Sharing: When the business model includes revenue sharing arrangements
1. Licensed Products: Detailed description of the products/services being licensed
2. Technical Specifications: Detailed technical requirements and specifications
3. Service Level Agreement: Detailed service levels, metrics, and remedies
4. Fee Schedule: Detailed pricing, payment terms, and fee calculations
5. Branding Guidelines: Specific requirements for white labeling and branding
6. Support Services: Details of support levels, response times, and procedures
7. Approved Territories: List of territories where license rights are granted
8. Data Processing Requirements: Specific data handling and protection requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Software Development
Telecommunications
E-commerce
Digital Marketing
Healthcare Technology
Educational Technology
Professional Services
Cloud Computing
Business Process Outsourcing
Relevant Teams
Legal
Information Technology
Business Development
Product Development
Compliance
Commercial
Operations
Brand Management
Technical Integration
Partner Success
Risk Management
Relevant Roles
Chief Technology Officer
Legal Counsel
Business Development Manager
Product Manager
Compliance Officer
Commercial Director
Licensing Manager
Partnership Manager
Technical Integration Manager
Brand Manager
Operations Director
Chief Commercial Officer
IP Rights Manager
Solutions Architect
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