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White Label Software Reseller Agreement

White Label Software Reseller Agreement Template for Australia

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Key Requirements PROMPT example:

White Label Software Reseller Agreement

"I need a White Label Software Reseller Agreement for my AI-powered healthcare analytics software, allowing resellers in Australia and New Zealand to rebrand and distribute it to medical facilities, with strict data protection requirements and quarterly revenue sharing."

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Document background
The White Label Software Reseller Agreement is essential for businesses looking to expand their software distribution through third-party channels in Australia. This document is typically used when a software company wants to allow another business to rebrand and resell their software product under the reseller's own brand name. It includes comprehensive provisions covering licensing, rebranding rights, revenue sharing, support obligations, and intellectual property protection. The agreement ensures compliance with Australian legislation, including competition law, consumer protection, privacy regulations, and intellectual property rights. It's particularly relevant for software companies seeking to expand their market reach without direct end-user relationships, and for businesses looking to offer software solutions under their own brand without developing the software themselves.
Suggested Sections

1. Parties: Identification of the software owner/licensor and the reseller

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

3. Definitions: Key terms used throughout the agreement

4. Appointment and License: Appointment of reseller and scope of rights granted

5. White Labeling Rights: Rights and restrictions regarding rebranding and modification of the software

6. Pricing and Payment Terms: Financial terms, including license fees, payment schedule, and pricing model

7. Obligations of Software Owner: Support, maintenance, updates, and other obligations of the software provider

8. Obligations of Reseller: Marketing, sales, reporting, and minimum performance requirements

9. Intellectual Property Rights: Ownership and protection of IP, including original and rebranded elements

10. Confidentiality: Protection of confidential information and trade secrets

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

12. Warranties and Indemnities: Warranties regarding software, services, and mutual indemnification obligations

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. End User License Terms: Required if reseller will be issuing end user licenses directly

2. Data Protection: Required if the software processes personal data

3. Source Code Escrow: Optional protection if reseller requires access to source code in specific circumstances

4. Professional Services: Required if additional implementation or customization services are provided

5. Territory Restrictions: Required if the reseller's rights are limited to specific geographic areas

6. Non-Competition: Optional restrictions on competing products or services

7. Insurance Requirements: Optional section specifying required insurance coverage

8. Marketing Requirements: Required if specific marketing obligations or restrictions apply

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, features, and functionality

2. Schedule 2 - Service Level Agreement: Support and maintenance terms, response times, and service levels

3. Schedule 3 - Fee Schedule: Detailed pricing, payment terms, and commission structures

4. Schedule 4 - Branding Guidelines: Requirements and restrictions for white labeling and rebranding

5. Schedule 5 - Technical Requirements: Minimum system requirements and technical specifications

6. Schedule 6 - Territory and Exclusivity: Detailed description of territorial rights and exclusivity terms

7. Appendix A - Approved Marketing Materials: Templates or guidelines for marketing materials

8. Appendix B - End User License Agreement Template: Standard form of end user agreement to be used by reseller

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 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
















































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Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare Technology

Educational Technology

Professional Services

Telecommunications

E-commerce

Digital Marketing

Business Process Management

Cloud Services

Enterprise Software

Relevant Teams

Legal

Commercial

Sales

Business Development

Product Management

Partner Relations

Technology

Procurement

Compliance

Operations

Relevant Roles

Chief Technology Officer

Commercial Director

Legal Counsel

Software Licensing Manager

Business Development Manager

Channel Partner Manager

Product Manager

Sales Director

Procurement Manager

Technology Contracts Manager

IP Counsel

Chief Revenue Officer

Partner Success Manager

Chief Commercial Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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