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Marketing Fee Agreement for Indonesia

Marketing Fee Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for marketing services, including fee structures, performance metrics, and service obligations. The document outlines the relationship between a marketing service provider and a client, detailing payment terms, scope of services, deliverables, and compliance requirements under Indonesian regulations. It incorporates provisions for both traditional and digital marketing activities, while ensuring adherence to Indonesian consumer protection laws, advertising regulations, and relevant tax requirements.

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What is a Marketing Fee Agreement?

The Marketing Fee Agreement serves as a crucial legal instrument in Indonesia's business environment, establishing clear terms for marketing service arrangements between service providers and clients. This document is essential when engaging marketing professionals or agencies for promotional activities, advertising campaigns, or market development services. It specifically addresses fee structures, performance metrics, and service scope while ensuring compliance with Indonesian regulations, including the Civil Code, Consumer Protection Law, and relevant marketing regulations. The agreement is particularly relevant in today's digital age, where marketing services often span multiple channels and require careful consideration of both traditional and online marketing compliance requirements. The Marketing Fee Agreement helps protect both parties' interests by clearly defining expectations, deliverables, and compensation structures while maintaining alignment with Indonesian legal frameworks.

What sections should be included in a Marketing Fee Agreement?

1. Parties: Identification of the service provider (marketing agency/individual) and the client company

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing arrangement

3. Definitions: Key terms used throughout the agreement including Marketing Services, Territory, Marketing Materials, Success Metrics, etc.

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

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Marketing Fee Structure: Detailed breakdown of fees, including base fees, performance bonuses, and payment terms

7. Payment Terms: Timeline and method of payment, including invoicing procedures and currency

8. Obligations of the Service Provider: Specific duties and responsibilities of the marketing service provider

9. Client's Obligations: Responsibilities of the client, including provision of materials and information

10. Intellectual Property Rights: Ownership and usage rights of marketing materials and campaigns

11. Confidentiality: Protection of confidential information exchanged during the service provision

12. Termination: Conditions and procedures for ending the agreement

13. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and dispute resolution mechanisms

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

1. Performance Metrics: Specific KPIs and success metrics, used when the fee structure includes performance-based components

2. Digital Marketing Provisions: Specific terms for digital marketing activities, including data protection and online compliance

3. Territory Restrictions: Geographic limitations of marketing activities, used for regional or territory-specific arrangements

4. Non-Compete: Restrictions on working with competitors, used in sensitive industries or with key competitors

5. Force Majeure: Provisions for unforeseen circumstances affecting performance

6. Compliance with Specific Regulations: Additional compliance requirements for regulated industries or specific marketing channels

7. Subcontracting: Terms for engaging third-party service providers, if allowed

8. Insurance Requirements: Specific insurance coverage requirements for high-value or high-risk marketing activities

What schedules should be included in a Marketing Fee Agreement?

1. Schedule A - Scope of Marketing Services: Detailed breakdown of specific marketing activities and deliverables

2. Schedule B - Fee Structure and Payment Terms: Detailed fee calculations, performance bonuses, and payment schedules

3. Schedule C - Performance Metrics and KPIs: Specific metrics for measuring marketing success and calculating performance-based fees

4. Schedule D - Approved Marketing Channels: List of approved marketing channels and platforms

5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines

6. Appendix 1 - Required Reports and Documentation: Templates and requirements for marketing performance reports

7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance standards

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

Fee Agreement

Cost

Free to use
Relevant legal definitions





































Clauses



































Relevant Industries

Retail

E-commerce

Consumer Goods

Technology

Financial Services

Healthcare

Education

Hospitality

Real Estate

Manufacturing

Entertainment

Telecommunications

Professional Services

Food and Beverage

Fashion and Apparel

Relevant Teams

Marketing

Legal

Finance

Procurement

Business Development

Compliance

Brand Management

Digital Marketing

Marketing Operations

Marketing Analytics

Commercial Operations

Contract Administration

Relevant Roles

Marketing Director

Chief Marketing Officer

Marketing Manager

Brand Manager

Digital Marketing Specialist

Business Development Manager

Legal Counsel

Contract Manager

Procurement Manager

Finance Director

Marketing Consultant

Agency Account Manager

Compliance Officer

Marketing Operations Manager

Marketing Analytics Manager

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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