Question 1

What is a private label agreement?

Accepted Answer

A private label agreement allows one business to have goods manufactured by another and sell them under its own brand. It covers specification, branding rights, minimum orders, quality standards, product liability and what happens when the arrangement ends.

Question 2

What is the difference between private label and white label?

Accepted Answer

Private label goods are made to a buyer's specification and are usually exclusive to that buyer. White label goods are a generic product the manufacturer already makes, rebranded by multiple resellers at the same time.

Question 3

What is the difference between OEM and ODM?

Accepted Answer

Under OEM the buyer owns the design and the manufacturer builds it, so the buyer can move production elsewhere. Under ODM the manufacturer designs the product and the buyer rebrands it, which usually means the buyer cannot take the design to another factory.

Question 4

Who owns the formulation in a private label arrangement?

Accepted Answer

Whoever developed it, unless the agreement says otherwise. If the buyer paid for development, the agreement must assign ownership explicitly — paying for the work does not transfer the rights by default.

Question 5

Who owns the moulds and tooling?

Accepted Answer

Often disputed. The buyer frequently pays for tooling that the factory then keeps. State in the agreement that the buyer owns it, that it is identified and marked, and that it must be released on termination.

Question 6

Who is liable if a private label product causes harm?

Accepted Answer

In most legal systems the party whose brand appears on the product is treated as the producer and is sued first. An indemnity from the manufacturer helps, but insurance and pre-shipment inspection are more reliable protection, especially where the factory is overseas.

Question 7

Should a private label agreement be exclusive?

Accepted Answer

If the product is distinctive, yes — otherwise the factory can supply the same goods to a competitor. Exclusivity is usually traded against a minimum order commitment.

Question 8

What minimum order quantity is typical?

Accepted Answer

It varies enormously by product and factory, so negotiate it rather than accepting the template's placeholder. Record both the per-order minimum and any annual volume commitment, along with what happens if it is missed.

Question 9

What happens to branded stock when the agreement ends?

Accepted Answer

Only what the agreement provides for. Set out whether the buyer must purchase remaining finished goods and packaging, how long a sell-off period runs, and the manufacturer's obligation to destroy unused branded materials.

Question 10

Are these private label agreement templates free?

Accepted Answer

Yes. Every template on this page can be downloaded and adapted free. They are provided as examples of document structure, not as legal advice.

Browse templates by topic

Education and School

Agreements and Notices

Project Management and Reports

Business Plans and Proposals

Home and Personal Planning

Flyers, Posters and Events

HR and Employment

Certificates and Awards

Business Forms and Finance

Most popular templates

How to use a template

Frequently asked questions

Are these templates really free?

Why is the download a .zip file?

Can I use these templates without Microsoft Word?

I can’t find the template I need. What now?