The Endorsement Contract serves as a crucial legal instrument in Indonesia's growing influencer marketing and brand collaboration landscape. This document is essential when companies seek to formally engage individuals with significant public influence to promote their products or services. It establishes clear parameters for the endorsement relationship while ensuring compliance with Indonesian regulations, including Law No. 8 of 1999 on Consumer Protection and Law No. 11 of 2008 on Electronic Information and Transactions. The contract covers essential elements such as scope of services, compensation, content approval processes, exclusivity terms, and intellectual property rights, while incorporating necessary safeguards for both the brand and the endorser. It's particularly relevant in today's digital marketing environment where social media endorsements and influencer marketing play an increasingly significant role in brand promotion strategies.
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1. Parties: Identifies the contracting parties - the brand/company and the endorser, including their legal details and addresses
2. Background: States the context of the agreement, including the brand's desire for endorsement and the endorser's qualification/status
3. Definitions: Defines key terms used throughout the agreement including 'Endorsement Services', 'Brand Materials', 'Social Media Platforms', etc.
4. Scope of Services: Details the specific endorsement services to be provided, including type of content, platforms, and frequency
5. Term and Duration: Specifies the contract duration, start date, and any renewal options
6. Compensation: Details the payment terms, including fees, payment schedule, and any performance-based bonuses
7. Rights and Licenses: Outlines the intellectual property rights granted to use the endorser's name, image, and content
8. Approval Process: Describes the process for reviewing and approving endorsement content before publication
9. Exclusivity: Defines any exclusivity requirements and restrictions on promoting competing brands
10. Representations and Warranties: Contains promises made by both parties regarding their capacity and authority
11. Compliance Requirements: Outlines compliance with Indonesian advertising laws and disclosure requirements
12. Termination: Specifies conditions for contract termination and its consequences
13. Confidentiality: Establishes obligations to maintain confidentiality of sensitive information
14. Governing Law: States that Indonesian law governs the agreement and specifies dispute resolution procedures
1. Morality Clause: Include when the brand wants protection against endorser misconduct or reputation damage
2. Social Media Metrics: Include when the agreement involves specific performance metrics or engagement targets
3. Content Ownership: Include when there's need to specify ownership of created content beyond the standard usage rights
4. International Usage: Include when endorsement content will be used across multiple countries
5. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
6. Insurance Requirements: Include when the endorser needs to maintain specific insurance coverage
7. Third-Party Rights: Include when third parties (like agencies or managers) have specific rights or obligations
8. Talent Release: Include when additional personality rights need to be secured
1. Schedule A - Services Description: Detailed breakdown of required endorsement activities and deliverables
2. Schedule B - Compensation Details: Detailed payment terms, including any bonus structures or performance-based compensation
3. Schedule C - Brand Guidelines: Specific requirements for brand representation and usage
4. Schedule D - Approval Process Workflow: Step-by-step content approval process and timelines
5. Schedule E - Restricted Activities: List of prohibited activities or competing brands
6. Appendix 1 - Content Calendar: Planned schedule of endorsement activities and posts
7. Appendix 2 - Social Media Platform Requirements: Platform-specific guidelines and requirements
8. Appendix 3 - Disclosure Requirements: Required disclosures and hashtags for different platforms
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Fashion and Apparel
Beauty and Cosmetics
Food and Beverage
Technology
Entertainment
Sports
Healthcare and Wellness
Lifestyle Products
Financial Services
Telecommunications
Automotive
Travel and Tourism
Education
E-commerce
Gaming
Relevant Teams
Legal
Marketing
Digital Marketing
Brand Management
Public Relations
Social Media
Compliance
Content Creation
Partnership Management
Contract Administration
Influencer Relations
Brand Communications
Relevant Roles
Chief Marketing Officer
Brand Manager
Marketing Director
Legal Counsel
Talent Manager
Digital Marketing Manager
Social Media Manager
Compliance Officer
Contract Administrator
Public Relations Manager
Influencer Relations Manager
Content Director
Brand Communications Manager
Celebrity Relations Manager
Marketing Compliance Manager
Partnership Manager
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