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Advertising Agreement for Indonesia

Advertising Agreement Template for Indonesia

This document is a comprehensive advertising agreement governed by Indonesian law, specifically designed to establish and regulate the relationship between an advertising service provider and a client company. It encompasses all aspects of advertising services, including creative development, media placement, campaign management, and performance reporting, while ensuring compliance with Indonesian advertising regulations, consumer protection laws, and media standards. The agreement addresses key areas such as intellectual property rights, payment terms, approval processes, and service delivery standards, with specific provisions adapted to the Indonesian business and legal context.

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What is a Advertising Agreement?

The Advertising Agreement is a crucial legal document used when a company (client) engages an advertising agency or service provider for advertising and promotional services in Indonesia. This agreement is essential for businesses operating in the Indonesian market, where advertising activities are regulated by various laws including Law No. 8 of 1999 on Consumer Protection and the Indonesian Advertising Ethics Code. The document outlines the scope of advertising services, creative rights, media placement, performance metrics, and compliance requirements. It should be used whenever a formal advertising relationship is established, particularly for campaigns with significant budgets or long-term engagements. The agreement ensures both parties understand their obligations while adhering to Indonesian advertising regulations and business practices.

What sections should be included in a Advertising Agreement?

1. Parties: Identification of the advertising agency/service provider and the client, including their legal details and addresses

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

3. Definitions: Key terms used throughout the agreement, including advertising materials, services, media platforms, and deliverables

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, platforms, and campaigns

5. Approval Process: Process for client review and approval of advertising materials and campaigns

6. Payment Terms: Fee structure, payment schedule, and terms including agency commissions and third-party costs

7. Intellectual Property Rights: Ownership and licensing of creative materials, existing IP, and developed content

8. Compliance with Laws: Obligations to comply with Indonesian advertising laws, regulations, and ethical standards

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement and circumstances for termination

11. Representations and Warranties: Parties' assurances regarding authority, compliance, and service quality

12. Limitation of Liability: Limitations on parties' liability and indemnification provisions

13. General Provisions: Standard clauses including notices, amendment process, and governing law

What sections are optional to include in a Advertising Agreement?

1. Digital Advertising Provisions: Specific terms for digital advertising, including social media, online platforms, and analytics - include when digital advertising is part of the scope

2. Media Buying Terms: Specific provisions for media purchasing and placement - include when the agency is responsible for media buying

3. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are agreed

4. Content Creation: Terms specific to content creation and ownership - include when original content creation is part of the scope

5. International Advertising: Provisions for cross-border advertising - include when campaigns will run internationally

6. Crisis Management: Procedures for handling advertising-related crises or controversies - include for high-risk or sensitive campaigns

7. Data Protection: Specific data handling and privacy requirements - include when personal data processing is involved

8. Influencer Marketing: Terms governing influencer partnerships and content - include when influencer marketing is part of the scope

What schedules should be included in a Advertising Agreement?

1. Schedule A - Scope of Work: Detailed breakdown of advertising services, deliverables, and timelines

2. Schedule B - Fee Structure: Comprehensive fee breakdown, rate cards, and commission structures

3. Schedule C - Campaign Schedule: Planned advertising campaigns, timing, and media placement schedule

4. Schedule D - Brand Guidelines: Client's branding requirements and style guidelines

5. Schedule E - Approval Matrix: Decision-making hierarchy and approval timelines

6. Appendix 1 - Media Platforms: List of approved advertising platforms and media channels

7. Appendix 2 - Creative Brief Template: Standard template for campaign briefs and requirements

8. Appendix 3 - Reporting Templates: Templates for campaign performance and financial reporting

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions












































Clauses









































Relevant Industries

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Automotive

Food and Beverage

Entertainment

Telecommunications

Real Estate

Fashion and Apparel

Education

Travel and Tourism

E-commerce

Relevant Teams

Legal

Marketing

Brand Management

Procurement

Finance

Compliance

Digital Marketing

Corporate Communications

Business Development

Creative Services

Media Planning

Account Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Advertising Manager

Media Planning Director

Creative Director

Account Director

Legal Counsel

Procurement Manager

Digital Marketing Manager

Communications Director

Business Development Manager

Contract Manager

Compliance Officer

Finance Director

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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