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Digital Marketing Agreement for Indonesia

Digital Marketing Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for digital marketing services between a service provider and a client. The document outlines the scope of digital marketing services, performance metrics, data protection requirements, intellectual property rights, and compliance with Indonesian electronic transaction regulations. It includes detailed provisions for service delivery, reporting requirements, payment terms, and dispute resolution mechanisms while ensuring compliance with Indonesian data protection laws and digital business regulations.

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What is a Digital Marketing Agreement?

The Digital Marketing Agreement is essential for businesses operating in Indonesia's growing digital economy. This document is used when a company engages a digital marketing service provider to manage their online presence, advertising campaigns, and digital marketing strategies. The agreement ensures compliance with Indonesian regulations, particularly Law No. 11 of 2008 on Electronic Information and Transactions and the Personal Data Protection Law of 2022. It addresses key aspects such as service scope, deliverables, performance metrics, data protection, intellectual property rights, and payment terms. The document is crucial for establishing clear expectations, protecting both parties' interests, and ensuring regulatory compliance in Indonesia's digital marketing landscape.

What sections should be included in a Digital Marketing Agreement?

1. Parties: Identification of the service provider (digital marketing agency) and the client

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

3. Definitions: Definitions of key terms including digital marketing services, platforms, metrics, and technical terminology

4. Scope of Services: Detailed description of digital marketing services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Fees and Payment Terms: Pricing structure, payment schedule, and related terms

7. Service Provider Obligations: Key responsibilities and commitments of the digital marketing agency

8. Client Obligations: Client's responsibilities including provision of materials and approvals

9. Performance Metrics: Key performance indicators (KPIs) and measurement criteria

10. Reporting and Reviews: Reporting requirements and performance review procedures

11. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

12. Data Protection and Privacy: Compliance with Indonesian data protection laws and privacy requirements

13. Confidentiality: Protection of confidential information and trade secrets

14. Representations and Warranties: Standard warranties and representations from both parties

15. Limitation of Liability: Liability caps and limitations under Indonesian law

16. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

17. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution procedures

What sections are optional to include in a Digital Marketing Agreement?

1. Social Media Management: Specific terms for social media platform management, used when services include social media

2. Content Creation Services: Detailed terms for content creation, used when agency provides content creation services

3. SEO Services: Specific terms for search engine optimization services, included when SEO is part of the scope

4. Paid Advertising: Terms for managing paid advertising campaigns, included when paid ads are part of services

5. Third-Party Tools: Terms governing use of third-party marketing tools and platforms

6. Client Brand Guidelines: Section on adherence to client's branding requirements, used for larger clients

7. Influencer Marketing: Terms for influencer collaboration and management, if applicable

8. Success Fees: Performance-based compensation terms, used when success fees are part of compensation

9. Multi-language Content: Terms for multi-language content creation and management

What schedules should be included in a Digital Marketing Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of digital marketing services and deliverables

2. Schedule B - Fee Schedule: Detailed pricing structure and payment terms

3. Schedule C - Service Level Agreement: Performance standards and service level commitments

4. Schedule D - Reporting Templates: Templates and formats for regular reporting

5. Schedule E - Key Personnel: List of key team members and their roles

6. Appendix 1 - Technical Requirements: Technical specifications and platform requirements

7. Appendix 2 - Brand Guidelines: Client's branding guidelines and requirements

8. Appendix 3 - Campaign Calendar: Planned marketing campaigns and timeline

9. Appendix 4 - Data Processing Agreement: Specific terms for handling personal data in compliance with Indonesian law

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

Service Contract

Cost

Free to use
Relevant legal definitions







































Clauses

































Relevant Industries

Digital Marketing

E-commerce

Retail

Technology

Professional Services

Media and Entertainment

Financial Services

Healthcare

Education

Travel and Tourism

Food and Beverage

Real Estate

Consumer Goods

Telecommunications

Relevant Teams

Marketing

Digital

Legal

Procurement

Compliance

Brand Management

Content Creation

Social Media

Business Development

Operations

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Marketing Operations Manager

Brand Manager

Social Media Manager

Content Marketing Manager

E-commerce Manager

Legal Counsel

Contract Manager

Procurement Manager

Chief Digital Officer

Marketing Compliance 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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