White labeling clause: Copy, customize, and use instantly
Introduction
A white labeling clause is used to define the terms under which one party (the manufacturer or developer) allows another party (the reseller) to brand and market its product or service under its own name and logo. This clause is essential for businesses that wish to sell a product or service without associating it with the original producer or developer. It outlines the scope of the white label arrangement, the responsibilities of each party, and the rights to the product's intellectual property.
Below are templates for white labeling clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Basic white labeling clause
This variation applies to a general white label arrangement.
Party A grants Party B the right to market, sell, and distribute the product or service under Party B’s own brand and logo. Party B agrees not to represent the product or service as being provided by Party A or use Party A’s name without prior written consent, except as otherwise specified in this agreement.
Exclusive white labeling clause
This variation applies to an exclusive white label arrangement.
Party A grants Party B an exclusive right to market and sell the product under Party B’s name and brand within the specified territory. During the term of this agreement, Party A agrees not to sell or offer the product to any other entity within the same territory, except with Party B’s prior written consent.
Non-exclusive white labeling clause
This variation applies when the white label arrangement is non-exclusive.
Party A grants Party B a non-exclusive right to market and sell the product under Party B’s brand. Party A reserves the right to enter into similar agreements with other third parties and may sell the product under its own brand or through other channels.
White labeling clause with intellectual property rights
This variation applies to the white label arrangement with respect to intellectual property rights.
Party A retains ownership of all intellectual property rights related to the product. Party B is granted a license to use Party A’s intellectual property solely for the purpose of marketing and selling the product under Party B’s brand. Party B agrees not to reverse engineer, copy, or modify the product without Party A’s express written consent.
White labeling clause with customization rights
This variation applies when the white label product can be customized.
Party A grants Party B the right to customize the product to fit Party B’s brand, including labeling, packaging, and minor modifications to the product. Any significant changes to the product must be approved by Party A, and Party A retains the right to charge additional fees for such customizations.
White labeling clause for digital products
This variation applies to white labeling of digital products.
Party A grants Party B a non-exclusive, worldwide license to white-label the digital product under Party B’s name, logo, and branding. Party B is not permitted to claim ownership of the product’s underlying technology or make modifications to the software without Party A’s approval.
White labeling clause for retail products
This variation applies to retail products.
Party A grants Party B the right to resell the product in retail environments under Party B’s brand. Party B is responsible for ensuring that all retail packaging, marketing, and advertising comply with Party A’s specifications, and Party A retains the right to inspect and approve all retail displays and materials featuring the product.
White labeling clause for services
This variation applies to the white labeling of services.
Party A agrees to provide its services to Party B’s customers under Party B’s brand. Party B will not disclose Party A’s involvement in providing the services and will market the services as its own. Party A remains the sole provider of the services and will adhere to the service level agreements specified in this agreement.
White labeling clause with limited term
This variation applies to a white labeling arrangement with a specified term.
Party A grants Party B the right to market and sell the product under Party B’s brand for an initial term of [insert duration]. Upon expiration of the term, Party B may negotiate an extension or renewal of the white-label rights, subject to Party A’s approval.
White labeling clause for private label products
This variation applies when Party B is allowed to private label the product.
Party A grants Party B the right to private label the product, allowing Party B to affix its own name, logo, and trademarks to the product. Party B agrees to comply with Party A’s quality standards and ensure that all private-label products are produced in accordance with Party A’s specifications.
White labeling clause for branded marketing materials
This variation applies to the use of branded marketing materials in a white-label arrangement.
Party A agrees to provide Party B with marketing materials, including brochures, websites, and advertisements, that Party B may use to promote the product under Party B’s brand. Party B may modify the materials as necessary to fit its brand image, but all modifications must be approved by Party A prior to use.
White labeling clause for confidential information
This variation applies to the handling of confidential information in a white-label arrangement.
Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the white-label arrangement. Party B agrees not to disclose, share, or use Party A’s confidential information for any purpose other than as necessary to market and sell the white-labeled product.
White labeling clause with product support obligations
This variation applies when Party A provides product support for white-labeled products.
Party A agrees to provide ongoing product support and maintenance for the white-labeled product. Party B will be responsible for customer support and communication with end-users but may escalate technical issues to Party A for resolution.
White labeling clause for distribution channels
This variation applies to white-labeling for specific distribution channels.
Party A grants Party B the right to distribute the white-labeled product through specific distribution channels, as outlined in this agreement. Any use of additional distribution channels or third-party resellers must be approved by Party A in advance.
White labeling clause for product development collaboration
This variation applies when the parties collaborate on product development.
The parties agree to collaborate on the development of a new product that will be white-labeled by Party B. Party A will contribute its expertise and resources in product development, while Party B will provide input on branding, marketing, and customization requirements. Ownership of the developed product will be shared as specified in this agreement.
White labeling clause for performance monitoring
This variation applies when performance monitoring is required in a white-label arrangement.
Party B agrees to monitor and report the performance of the white-labeled product in its sales channels. Party A reserves the right to audit Party B’s records to ensure compliance with the terms of this agreement, including the sales performance and marketing efforts related to the white-labeled product.
White labeling clause for product warranty
This variation applies when product warranties are involved in a white-label agreement.
Party A provides a warranty for the white-labeled product to ensure that it meets the agreed-upon specifications and quality standards. Party B agrees to honor the warranty for the product under Party B’s brand and to manage warranty claims in accordance with Party A’s guidelines.
White labeling clause for customer data handling
This variation applies to the handling of customer data in a white-label arrangement.
Party B agrees to handle customer data collected through the sale or use of the white-labeled product in accordance with applicable privacy laws. Party B must ensure that all customer data is protected and not disclosed to third parties, except as necessary to fulfill the terms of this agreement.
White labeling clause for performance-based pricing
This variation applies when pricing is based on performance metrics in a white-label arrangement.
Party A agrees to offer Party B the white-labeled product at a reduced price based on the sales performance of the product. Pricing adjustments will be made quarterly based on the volume of sales, and Party B agrees to provide Party A with accurate sales reports for pricing adjustments.
White labeling clause for exclusive distribution rights
This variation applies when Party B is granted exclusive distribution rights.
Party A grants Party B exclusive rights to distribute the white-labeled product within the specified territory for the duration of this agreement. Party B agrees not to distribute any competing products during the term of this agreement. Party A will not supply the white-labeled product to any other party within the exclusive territory.
White labeling clause for restricted branding
This variation applies when branding restrictions are placed on the white-labeled product.
Party A grants Party B the right to brand the product under Party B’s name, provided that the branding does not mislead consumers about the origin or quality of the product. Party B agrees to comply with Party A’s restrictions on how the product may be presented, ensuring that the product’s origins are clearly understood.
White labeling clause for product updates and revisions
This variation applies to product updates in a white-label arrangement.
Party A agrees to provide Party B with all product updates, revisions, and improvements for the white-labeled product. Party B must incorporate these updates into their branded version within [timeframe] and notify Party A before releasing updated versions to customers.
White labeling clause for marketing material usage
This variation applies when marketing materials are provided for the white-labeled product.
Party A will supply Party B with marketing materials, including brochures, websites, and digital ads, to support the white-labeled product. Party B is authorized to modify the materials as needed to fit their brand identity but must obtain Party A’s approval before publishing or distributing any modified content.
White labeling clause for termination of rights
This variation applies when termination of rights is outlined in the white-label arrangement.
If Party B breaches any terms of this agreement, including the unauthorized use of Party A’s intellectual property or failure to maintain product standards, Party A may terminate Party B’s right to white-label the product immediately. Upon termination, Party B must cease all use of Party A’s name and product branding and remove the product from all sales channels.
White labeling clause for product lifecycle management
This variation applies to managing the lifecycle of the white-labeled product.
Party A is responsible for managing the product lifecycle, including handling production, inventory, and quality control. Party B is required to notify Party A of any market changes or customer feedback that may affect future iterations of the product, and both parties agree to collaborate on necessary product improvements.
White labeling clause for product supply and delivery
This variation applies to the supply and delivery of the white-labeled product.
Party A will supply Party B with the white-labeled product in agreed-upon quantities and delivery schedules. Party B is responsible for the timely marketing and distribution of the product. Party A will ensure that all deliveries meet the product specifications outlined in this agreement.
White labeling clause for intellectual property protection
This variation applies to intellectual property protection in a white-label arrangement.
Party A retains full ownership of all intellectual property related to the product, including patents, trademarks, and trade secrets. Party B agrees not to infringe upon Party A’s intellectual property rights and to take all necessary precautions to protect the product’s intellectual property during the course of the white-label arrangement.
White labeling clause for customer service responsibilities
This variation applies when Party B assumes responsibility for customer service.
Party B agrees to provide customer service for all sales of the white-labeled product under Party B’s brand. Party B will handle all customer inquiries, returns, and warranty claims, and Party A will provide assistance if needed to address any product-related issues that arise.
White labeling clause for price setting
This variation applies to price setting in a white-label arrangement.
Party B is authorized to set the retail price for the white-labeled product, but Party A may establish a minimum price floor to ensure brand value and competitiveness. Party B must obtain approval from Party A for any price changes, which must be communicated in advance to Party A for alignment with market strategy.
White labeling clause for regulatory compliance
This variation applies when regulatory compliance is part of the agreement.
Party A guarantees that the white-labeled product complies with all relevant laws and regulations in the target market, including safety standards and certifications. Party B agrees to adhere to local regulations in marketing and selling the product and to report any compliance issues to Party A immediately.
White labeling clause for promotional exclusivity
This variation applies to promotional exclusivity in a white-label arrangement.
Party B is granted exclusivity in certain promotional campaigns for the white-labeled product. Party A agrees not to allow any competing products to be promoted under similar terms during the agreed-upon promotional period. Any additional promotions must be mutually agreed upon by both parties.
White labeling clause for resale restrictions
This variation applies when resale of the white-labeled product is restricted.
Party B is not allowed to sell the white-labeled product through unauthorized channels, including online marketplaces or third-party resellers, unless agreed upon by Party A. Any such sales channels must be approved in advance to ensure proper brand representation and quality control.
White labeling clause for product performance guarantees
This variation applies to product performance guarantees.
Party A guarantees that the white-labeled product will meet specified performance criteria for [duration of guarantee]. If the product fails to meet these criteria, Party A agrees to either replace the defective product or provide Party B with a full refund, subject to the terms outlined in this agreement.
White labeling clause for exclusivity in certain markets
This variation applies when exclusivity is granted in specific markets.
Party A grants Party B the exclusive right to market and sell the white-labeled product within specific geographic regions or customer segments, as defined in this agreement. Party A will not allow any other party to sell the product within those regions or segments during the term of this agreement.
White labeling clause for third-party audits
This variation applies when third-party audits are required.
Party B agrees to allow Party A or an independent third-party auditor to audit Party B’s records and sales related to the white-labeled product. Such audits will ensure compliance with the terms of this agreement and verify the accuracy of sales reports and product quality control measures.
White labeling clause for right of first refusal
This variation applies when Party B has the right of first refusal for additional products.
Party B is granted the right of first refusal to market and sell any new products developed by Party A that are similar to the white-labeled product. Party A agrees to offer Party B the opportunity to enter into a new white-label arrangement before offering the product to any third party.
White labeling clause for joint marketing efforts
This variation applies when joint marketing efforts are included in the white-label arrangement.
Both parties agree to participate in joint marketing efforts for the white-labeled product, including shared advertising, promotions, and digital content. All marketing materials and campaigns must be reviewed and approved by both parties prior to release.
White labeling clause for end-of-life product management
This variation applies to end-of-life product management in a white-label arrangement.
Party A agrees to notify Party B in advance if the white-labeled product will be discontinued or if a new version will replace it. Party B must cease all sales of the discontinued product within [specified period] and may have the option to sell existing inventory under agreed-upon terms.
White labeling clause for product returns and exchanges
This variation applies when returns and exchanges are part of the white-label arrangement.
Party B is responsible for handling all returns and exchanges of the white-labeled product, including providing customers with a return address and processing refunds. Party B must notify Party A of any issues with returns or exchanges that may affect the product's reputation or brand.
White labeling clause for intellectual property protection in international markets
This variation applies when the white-label product is sold internationally.
Party B agrees to protect Party A’s intellectual property in all international markets where the white-labeled product is sold. Party B must comply with local intellectual property laws and ensure that Party A’s name and trademarks are properly protected in each jurisdiction.
White labeling clause for third-party service providers
This variation applies when Party B uses third-party service providers in the white-label arrangement.
Party B may engage third-party service providers to assist with marketing, sales, or customer service related to the white-labeled product. However, Party B is responsible for ensuring that such third parties comply with the terms of this agreement, including maintaining the product’s quality and branding standards.
White labeling clause for geographical restrictions
This variation applies when the white-label product has geographical restrictions.
Party B is granted the right to market and sell the white-labeled product in specified geographical areas. Party B agrees not to offer the product in any regions or markets outside of those defined in this agreement, unless Party A provides prior written consent.
White labeling clause for right of modification
This variation applies when modifications to the product are allowed.
Party B may request modifications to the white-labeled product to better suit their brand needs. Party A agrees to consider such requests and will make modifications at Party B’s expense, provided they do not alter the core functionality of the product or violate Party A’s intellectual property rights.
White labeling clause for marketing budget allocation
This variation applies when the marketing budget is part of the white-label arrangement.
Party A and Party B agree to allocate a marketing budget for the promotion of the white-labeled product. The budget will be shared equally or according to the terms specified in this agreement. Both parties will jointly approve the use of funds for marketing and promotional efforts.
White labeling clause for quality control procedures
This variation applies to quality control procedures in a white-label agreement.
Party A is responsible for ensuring that the white-labeled product meets specified quality standards before delivery to Party B. Party B will be responsible for monitoring the quality of the product once it is marketed, ensuring that all products sold under Party B’s name meet Party A’s quality control guidelines.
White labeling clause for product updates and new versions
This variation applies when product updates are included in the white-label arrangement.
Party A agrees to provide Party B with regular updates and new versions of the white-labeled product. Party B must incorporate these updates into their version of the product within [specified time] and communicate any major changes to their customers.
White labeling clause for rights to distribute in multiple channels
This variation applies when Party B has the right to distribute the product through multiple channels.
Party B is authorized to distribute the white-labeled product through various channels, including online stores, retail locations, and third-party platforms. However, Party B must obtain Party A’s approval before entering any new distribution channel or partnership.
White labeling clause for licensing of trademarks
This variation applies when Party B is granted a license to use Party A’s trademarks.
Party A grants Party B a non-exclusive, non-transferable license to use Party A’s trademarks in connection with the marketing and sale of the white-labeled product. Party B agrees to use Party A’s trademarks only in a manner consistent with Party A’s branding guidelines and the terms of this agreement.
White labeling clause for warranty and liability
This variation applies to warranty and liability provisions in a white-label arrangement.
Party A offers a warranty for the white-labeled product, ensuring that it will be free from defects in materials and workmanship for [specified duration]. Party B is responsible for handling any warranty claims and must comply with Party A’s warranty procedures to address any defects in the product.
White labeling clause for distribution rights in specific markets
This variation applies when distribution rights are limited to specific markets.
Party A grants Party B the right to distribute the white-labeled product in the [specific market or region]. Party B is not authorized to sell or distribute the product in other markets unless explicitly stated in this agreement or approved by Party A in writing.
White labeling clause for compliance with local laws
This variation applies to compliance with local laws in a white-label arrangement.
Party B agrees to comply with all local laws, regulations, and industry standards in the jurisdictions where the white-labeled product is marketed and sold. Party B is responsible for ensuring that the product is sold in compliance with all applicable laws and regulations in each region.
White labeling clause for product launch timing
This variation applies when the timing of the product launch is specified.
Party B agrees to launch the white-labeled product within [specified period] after receiving the product from Party A. Both parties will coordinate the timing of the launch to ensure that the product is introduced to the market at an optimal time.
White labeling clause for customer reviews and feedback
This variation applies when customer reviews and feedback are part of the white-label arrangement.
Party B agrees to monitor and manage customer reviews and feedback related to the white-labeled product. Party B will provide Party A with regular reports on customer satisfaction and any issues related to the product, and Party A may provide assistance in addressing customer complaints.
White labeling clause for marketing and promotional support
This variation applies to the marketing and promotional support provided by Party A.
Party A agrees to provide Party B with marketing and promotional support, including product brochures, online ads, and social media content. Party B is responsible for adapting the materials to fit their brand, with Party A’s prior approval for all modified content.
White labeling clause for right to terminate
This variation applies to the right to terminate the white-label arrangement.
Either party may terminate this agreement with [specified notice period] if the other party breaches any material term of this agreement. Upon termination, Party B must cease all use of Party A’s name, trademarks, and branding and discontinue all marketing and sales of the white-labeled product.
White labeling clause for product distribution exclusivity
This variation applies when exclusivity is granted for product distribution.
Party A grants Party B the exclusive right to distribute the white-labeled product within the specified territory. Party B is responsible for ensuring that no competing products are sold within the exclusive territory during the term of this agreement, and Party A will not distribute the product to any other party within the territory.
White labeling clause for retail pricing control
This variation applies when Party A has control over the retail pricing.
Party A reserves the right to control the retail pricing of the white-labeled product. Party B agrees to sell the product at or above the minimum price set by Party A and will not offer any discounts or promotions without prior approval from Party A.
White labeling clause for advertising rights
This variation applies when advertising rights are granted.
Party B is granted the right to use Party A’s name, logo, and trademarks in advertisements and promotional materials related to the white-labeled product. All advertising content must align with Party A’s branding guidelines and be approved by Party A before publication.
White labeling clause for termination upon product discontinuation
This variation applies when the product is discontinued.
Party A reserves the right to discontinue the white-labeled product at any time during the term of this agreement. If Party A discontinues the product, Party B must cease all sales and marketing of the product and return any remaining inventory to Party A.
White labeling clause for co-branded marketing efforts
This variation applies to co-branded marketing efforts.
Party A and Party B agree to collaborate on co-branded marketing efforts for the white-labeled product. Both parties will approve all marketing materials, and the distribution of promotional content must ensure that both brands are equally represented.
White labeling clause for product feature customization
This variation applies to customization of product features.
Party B is authorized to make minor modifications to the features of the white-labeled product to align with its branding and market needs. However, any major changes to the product must be approved by Party A to ensure the product remains consistent with Party A’s quality standards.
White labeling clause for approval of product presentation
This variation applies to the approval process for the product presentation.
Party B must submit all product presentations, including packaging, marketing materials, and online listings, for Party A’s approval before they are released to the public. Party A will review the materials within [specified timeframe] to ensure that they align with Party A’s brand guidelines.
White labeling clause for compliance with quality standards
This variation applies to ensuring the white-labeled product meets quality standards.
Party B agrees to market and sell the white-labeled product in accordance with Party A’s quality standards. Party B will take reasonable steps to ensure that all products sold under Party B’s brand meet Party A’s specifications for quality, safety, and performance.
White labeling clause for inventory management
This variation applies to inventory management responsibilities.
Party B is responsible for maintaining adequate inventory levels of the white-labeled product to meet customer demand. Party A will provide Party B with forecasts of product availability and production timelines, and Party B must place orders with Party A in a timely manner to ensure continuous supply.
White labeling clause for brand protection
This variation applies to protecting Party A’s brand.
Party B agrees to take all necessary precautions to protect Party A’s brand and intellectual property in connection with the white-labeled product. Party B will not alter, modify, or misrepresent Party A’s product in any way that could harm Party A’s reputation or brand value.
White labeling clause for product development collaboration
This variation applies when product development collaboration is involved.
Party A and Party B agree to collaborate on the development of new versions of the white-labeled product. Both parties will contribute to product design, features, and functionality, and the resulting product will be marketed under Party B’s brand, with Party A’s name retained in the technical specifications.
White labeling clause for delivery obligations
This variation applies to the delivery obligations in a white-label agreement.
Party A agrees to deliver the white-labeled product to Party B according to the agreed-upon schedule. Party B will be responsible for all shipping costs and any customs duties or taxes associated with the delivery. Any delays in delivery must be communicated in advance, with Party A providing an updated delivery timeline.
White labeling clause for use of product in multiple markets
This variation applies when the product can be used in multiple markets.
Party B is authorized to distribute the white-labeled product in multiple markets, provided that the product complies with all applicable regulations in each market. Party B must ensure that marketing materials are tailored to each market’s specific requirements, and Party A’s approval is required for any market-specific adaptations.
White labeling clause for monitoring product sales performance
This variation applies to monitoring sales performance in a white-label arrangement.
Party B agrees to provide Party A with quarterly reports on the sales performance of the white-labeled product, including volume, pricing, and market trends. Party A reserves the right to review these reports and request adjustments to the marketing strategy based on performance data.
White labeling clause for return of unused inventory
This variation applies when Party B must return unused inventory.
Upon termination of this agreement, Party B agrees to return all unused inventory of the white-labeled product to Party A at Party B’s expense. Party B will also cease all marketing and sales efforts related to the product and remove any references to the product from Party B’s website, advertising, and promotional materials.
White labeling clause for technical support responsibilities
This variation applies to technical support in a white-label arrangement.
Party A agrees to provide Party B with technical support for the white-labeled product, including troubleshooting and software updates, as needed. Party B will be responsible for providing initial customer support, but Party A will assist with more complex issues that cannot be resolved by Party B’s team.
White labeling clause for use of customer data
This variation applies to the use of customer data in the white-label arrangement.
Party B is responsible for collecting and managing customer data related to the white-labeled product. Party A may request access to this data for the purpose of improving product features or marketing efforts, but Party B agrees to maintain confidentiality and comply with privacy regulations when sharing customer data with Party A.
White labeling clause for performance-based incentives
This variation applies to performance-based incentives in a white-label agreement.
Party A agrees to offer Party B performance-based incentives based on the sales of the white-labeled product. These incentives will be outlined in a separate addendum to this agreement, and both parties will mutually agree on the targets and incentive structure before the start of the agreement.
White labeling clause for branding consistency
This variation applies to ensuring branding consistency in a white-label arrangement.
Party B agrees to ensure that all branding associated with the white-labeled product, including packaging, marketing materials, and online content, remains consistent with Party A’s branding guidelines. Any deviations from these guidelines must be approved by Party A in advance.
White labeling clause for advertising spend allocation
This variation applies when the advertising spend is allocated between both parties.
Party A and Party B agree to equally share the costs of advertising and promotional campaigns for the white-labeled product. Both parties will jointly plan and execute the campaigns, and the advertising budget will be reviewed and approved by both parties before any expenditures are made.
White labeling clause for branded product displays
This variation applies when Party A’s name is used for product displays.
Party B is authorized to use Party A’s branding on product displays in retail locations. All display designs and setups must be approved by Party A to ensure brand consistency and compliance with Party A’s visual identity standards.
White labeling clause for customer feedback collection
This variation applies to collecting customer feedback on the white-labeled product.
Party B agrees to collect and report customer feedback on the white-labeled product to Party A. Party A may use this feedback to improve the product and adjust marketing strategies. Party B will ensure that all feedback is gathered and shared in a timely and accurate manner.
White labeling clause for handling product defects
This variation applies to handling defects in the white-labeled product.
Party B is responsible for managing any product defects or customer complaints regarding the white-labeled product. If a defect is identified, Party B must notify Party A immediately. Party A will then coordinate product recalls, replacements, or refunds as necessary.
White labeling clause for sales training and support
This variation applies to sales training and support for Party B.
Party A agrees to provide Party B with comprehensive training and support related to the white-labeled product. This includes product features, sales strategies, and customer handling techniques. Party B must ensure that all sales personnel are adequately trained before promoting the product to customers.
White labeling clause for exclusive use in specified sectors
This variation applies when the white-labeled product is restricted to specific sectors.
Party A grants Party B exclusive rights to distribute the white-labeled product in [specified sector, e.g., healthcare, education]. Party B may not sell the product in other sectors without prior written consent from Party A, ensuring the product is used only within the agreed-upon market.
White labeling clause for regulatory approvals
This variation applies when regulatory approvals are required.
Party B agrees to ensure that the white-labeled product complies with all necessary regulatory approvals and certifications in the target market. Party A will assist Party B in obtaining these approvals where needed, but Party B will bear the responsibility for maintaining compliance with local laws.
White labeling clause for intellectual property infringement protection
This variation applies to protecting against intellectual property infringement.
Party B agrees to indemnify and hold Party A harmless from any claims, damages, or losses resulting from Party B’s unauthorized use of Party A’s intellectual property in the white-labeled product. Party B will promptly address any claims of infringement and take necessary actions to resolve them.
White labeling clause for joint intellectual property development
This variation applies when joint intellectual property development is involved.
Party A and Party B agree to jointly develop new intellectual property related to the white-labeled product. Ownership of the resulting intellectual property will be shared equally unless otherwise specified, and both parties must agree in writing before licensing or transferring any rights.
White labeling clause for product testing and trials
This variation applies when product testing and trials are part of the white-label arrangement.
Party A will provide Party B with samples of the white-labeled product for testing and trial purposes before commercial launch. Party B agrees to provide Party A with detailed feedback on product performance, which may influence the final version of the product.
White labeling clause for promotional events
This variation applies when promotional events are part of the white-label arrangement.
Party B is authorized to host promotional events using the white-labeled product, provided that Party A is notified in advance and all event materials are approved by Party A. Party A may participate in or support these events as agreed upon in the marketing plan.
White labeling clause for customer loyalty programs
This variation applies when customer loyalty programs are tied to the white-labeled product.
Party B may offer customer loyalty programs that include the white-labeled product as a reward or incentive. Any loyalty program materials that feature Party A’s name or logo must be reviewed and approved by Party A to ensure they align with Party A’s brand guidelines.
White labeling clause for financial reporting obligations
This variation applies to financial reporting obligations in the white-label arrangement.
Party B agrees to provide Party A with quarterly financial reports regarding the sales of the white-labeled product, including revenue, profit margins, and other relevant performance data. Party A may use these reports to assess the success of the product and make necessary adjustments to the agreement.
White labeling clause for product warranty limitations
This variation applies to limitations on the product warranty.
Party A provides a limited warranty for the white-labeled product, ensuring that it will be free from defects for [specified period]. However, Party A’s warranty does not cover damages caused by Party B’s improper use or modification of the product. Party B must inform customers of these limitations when selling the product.
White labeling clause for promotional discounts
This variation applies when promotional discounts are applied to the white-labeled product.
Party B is authorized to offer promotional discounts on the white-labeled product, provided that the discounts are in line with the pricing guidelines set forth by Party A. Party A reserves the right to approve any promotional campaigns that involve discounting the product.
White labeling clause for product performance metrics
This variation applies when performance metrics are tracked for the white-labeled product.
Party B agrees to track and report key performance metrics related to the white-labeled product, including sales figures, customer satisfaction, and product usage. Party A may use this data to evaluate the product’s success and suggest changes to the product or marketing strategies.
White labeling clause for customer referral programs
This variation applies to customer referral programs involving the white-labeled product.
Party B may implement customer referral programs that involve the white-labeled product, where existing customers can refer new customers in exchange for incentives. All referral program materials and terms must be approved by Party A before they are distributed.
White labeling clause for third-party certifications
This variation applies when third-party certifications are required for the white-labeled product.
Party B is responsible for ensuring that the white-labeled product receives all necessary third-party certifications, such as safety or environmental certifications. Party A will cooperate with Party B in obtaining these certifications but is not responsible for the costs or legal obligations associated with the certification process.
White labeling clause for promotional pricing conditions
This variation applies when promotional pricing is offered for the white-labeled product.
Party A grants Party B the right to offer the white-labeled product at promotional prices during specific sales events. These promotional pricing conditions must be agreed upon in advance, and Party B must ensure that the promotional pricing does not conflict with Party A’s established retail price policy.
White labeling clause for seasonal products
This variation applies to seasonal white-labeled products.
Party B may sell the white-labeled product as a seasonal item, but must notify Party A in advance of the start and end dates of the seasonal sales period. Party B agrees to comply with Party A’s guidelines for seasonal marketing and promotional campaigns related to the product.
White labeling clause for product packaging customization
This variation applies when Party B is allowed to customize the product packaging.
Party B is granted the right to customize the packaging of the white-labeled product, including the design, logo placement, and product information. However, all packaging designs must comply with Party A’s quality standards and are subject to Party A’s approval before production.
White labeling clause for customer acquisition costs
This variation applies to the management of customer acquisition costs for the white-labeled product.
Party B agrees to manage customer acquisition costs for the white-labeled product, including all advertising, sales, and promotional expenses. Party B must submit quarterly reports to Party A outlining customer acquisition costs and marketing expenses, which may be subject to Party A’s approval.
White labeling clause for online sales restrictions
This variation applies when online sales are restricted.
Party B is not permitted to sell the white-labeled product through online marketplaces or unauthorized e-commerce platforms. Party B agrees to limit online sales to Party B’s official website or other platforms that have been approved by Party A in writing.
White labeling clause for joint venture marketing
This variation applies when both parties participate in marketing for the white-labeled product.
Party A and Party B agree to jointly market the white-labeled product, including joint advertisements, events, and digital marketing. Both parties must approve all promotional materials before publication, ensuring alignment with both brands.
White labeling clause for geographical distribution rights
This variation applies to the allocation of distribution rights in different geographic locations.
Party A grants Party B the exclusive right to distribute the white-labeled product in [specified geographic areas]. Party B may not sell the product outside of these areas unless Party A provides written consent. Party A retains the right to distribute the product in regions not specified in this agreement.
White labeling clause for logo and trademark use
This variation applies when Party B is granted permission to use Party A’s logo and trademarks.
Party B is authorized to use Party A’s logo and trademarks on the white-labeled product, but such use must adhere to Party A’s branding guidelines. Any proposed use of Party A’s intellectual property must be submitted to Party A for approval before being publicly displayed or marketed.
White labeling clause for annual sales targets
This variation applies when Party B is required to meet sales targets.
Party B agrees to meet annual sales targets for the white-labeled product, as specified in this agreement. If Party B fails to meet these targets, Party A may terminate this agreement or renegotiate the terms for continued distribution rights.
White labeling clause for rights to subcontract marketing efforts
This variation applies when Party B is allowed to subcontract marketing efforts.
Party B may subcontract marketing efforts related to the white-labeled product to third-party agencies. However, Party B remains responsible for ensuring that all subcontracted marketing materials comply with Party A’s brand standards, and Party A must approve all third-party agency contracts.
White labeling clause for quality inspection rights
This variation applies to Party A’s right to inspect the product’s quality.
Party A retains the right to inspect the quality of the white-labeled product, either directly or through a third-party inspection agency, to ensure it meets Party A’s quality standards. Party B agrees to allow such inspections at reasonable intervals and to make adjustments as needed based on Party A’s feedback.
White labeling clause for packaging approval
This variation applies when packaging is subject to approval.
Party B must submit packaging designs for the white-labeled product to Party A for approval before any production. The packaging must reflect Party A’s product specifications and align with Party A’s visual and marketing guidelines.
White labeling clause for exclusivity in online sales
This variation applies when Party B is granted exclusivity in online sales.
Party A grants Party B exclusive rights to sell the white-labeled product online through Party B’s website or other approved e-commerce platforms. Party B agrees not to list the product on unauthorized online platforms or marketplaces without Party A’s consent.
White labeling clause for environmental compliance
This variation applies when Party B must ensure environmental compliance.
Party B agrees to ensure that the white-labeled product meets all applicable environmental laws and regulations in the jurisdictions where it is sold. This includes compliance with packaging, disposal, and sustainability standards. Party B will bear the costs of any non-compliance issues that arise.
White labeling clause for customer support obligations
This variation applies to Party B’s obligations for customer support.
Party B is responsible for providing customer support for the white-labeled product, including handling product inquiries, returns, and warranty claims. Party B must maintain a dedicated customer support team and provide Party A with quarterly reports on customer service performance.
White labeling clause for royalty payments
This variation applies when royalty payments are required.
Party B agrees to pay Party A a royalty fee based on the sales revenue generated from the white-labeled product. The royalty fee will be calculated as a percentage of net sales, as outlined in this agreement, and paid to Party A on a quarterly basis.
White labeling clause for distributor responsibilities
This variation applies when Party B acts as a distributor.
Party B is responsible for marketing, selling, and distributing the white-labeled product within the designated region. Party B must ensure that all distributors within the region are properly trained, and that they adhere to the terms of this agreement and Party A’s branding guidelines.
White labeling clause for product version control
This variation applies when there are multiple versions of the white-labeled product.
Party A agrees to provide Party B with updated versions of the white-labeled product, including new features, fixes, and improvements. Party B must ensure that the latest product version is marketed and sold to customers, and Party A will notify Party B of any changes to product versions.
White labeling clause for joint product development
This variation applies when Party A and Party B develop the product together.
Party A and Party B agree to jointly develop new versions of the white-labeled product, with both parties contributing to product design, features, and marketing strategies. The intellectual property rights to any new developments will be jointly owned, as outlined in a separate agreement.
White labeling clause for product licensing restrictions
This variation applies when there are restrictions on product licensing.
Party B may not sublicense the rights to market or distribute the white-labeled product to any third parties without Party A’s prior written consent. All sublicensing agreements, if permitted, must comply with the terms of this agreement and be approved by Party A before execution.
White labeling clause for product-related intellectual property protection
This variation applies when intellectual property related to the product needs protection.
Party A retains ownership of all intellectual property associated with the white-labeled product, including patents, trademarks, and copyrights. Party B agrees to take all necessary steps to protect Party A’s intellectual property rights and prevent any infringement.
White labeling clause for regional market exclusivity
This variation applies when Party B is granted exclusivity in specific regional markets.
Party A grants Party B exclusive rights to sell the white-labeled product in [specified geographic region]. Party B agrees not to sell the product in any other region or market without the express written consent of Party A.
White labeling clause for trade secret protection
This variation applies when trade secrets are involved in the white-label arrangement.
Party B agrees to keep all confidential information, including trade secrets, proprietary information, and any details about the white-labeled product, confidential and not to disclose such information to any third parties without Party A’s prior written consent.
White labeling clause for early product access
This variation applies when Party B receives early access to the product.
Party A agrees to provide Party B with early access to the white-labeled product for marketing and sales preparation purposes. Party B will have access to product demos, training materials, and other resources to ensure that Party B is ready to launch the product when it becomes publicly available.
White labeling clause for product return and refund policy
This variation applies to the return and refund policy for the white-labeled product.
Party B is responsible for establishing and maintaining a product return and refund policy for the white-labeled product, in accordance with Party A’s guidelines. Any product returns or refunds must be handled promptly, and Party B will cover any costs related to returns that are not due to defects in the product.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.