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Marketing Services Agreement for Indonesia

Marketing Services Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions between a marketing service provider and a client company. The document outlines the scope of marketing services, deliverables, payment terms, intellectual property rights, and compliance requirements with Indonesian regulations, including the Consumer Protection Law and Electronic Information and Transactions Law. It provides detailed provisions for both traditional and digital marketing services, data protection requirements, and specific performance metrics while ensuring alignment with Indonesian business practices and legal framework.

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What is a Marketing Services Agreement?

The Marketing Services Agreement is a vital document for businesses operating in Indonesia who wish to engage professional marketing services while ensuring compliance with local regulations. This agreement is commonly used when a company decides to outsource its marketing activities to specialized agencies or consultants. It comprehensively covers all aspects of the marketing relationship, including service scope, deliverables, payment terms, and performance metrics, while ensuring compliance with Indonesian laws such as the Consumer Protection Law (Law No. 8 of 1999), Electronic Information and Transactions Law, and the Personal Data Protection Law (Law No. 27 of 2022). The document is particularly relevant in today's digital age, where marketing services often span both traditional and digital channels, requiring careful consideration of online advertising regulations and data privacy requirements specific to the Indonesian market.

What sections should be included in a Marketing Services Agreement?

1. Parties: Identification of the service provider and client, including their legal names, registration numbers, and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided, including specific deliverables and expectations

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

7. Rights and Obligations: Specific responsibilities and obligations of both parties

8. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and creative works

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection and Privacy: Compliance with Indonesian data protection laws and handling of personal data

11. Representations and Warranties: Guarantees made by both parties regarding their capabilities and services

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

13. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

14. Governing Law and Dispute Resolution: Application of Indonesian law and methods for resolving disputes

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

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

1. Digital Marketing Services: Specific provisions for digital marketing activities, including social media, SEO, and online advertising

2. International Services: Additional provisions for cross-border marketing activities

3. Performance Metrics and KPIs: Detailed performance measurements and reporting requirements

4. Agency-Client Relationship: Specific provisions defining whether the relationship is exclusive or non-exclusive

5. Compliance with Industry Standards: Compliance with specific industry marketing standards or certifications

6. Sub-contractors: Terms governing the use and management of sub-contractors

7. Brand Guidelines: Specific requirements for brand usage and compliance

8. Crisis Management: Procedures for handling marketing-related crises or negative publicity

What schedules should be included in a Marketing Services Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of specific marketing services, deliverables, and timelines

2. Schedule 2 - Fee Structure: Detailed pricing, payment terms, and any performance-based compensation

3. Schedule 3 - Service Level Agreement: Specific performance standards, response times, and quality metrics

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

5. Schedule 5 - Reporting Requirements: Format and frequency of marketing performance reports

6. Appendix A - Key Personnel: List of key team members and their roles

7. Appendix B - Brand Guidelines: Client's brand guidelines and usage requirements

8. Appendix C - 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

Service Contract

Cost

Free to use
Relevant legal definitions






























Clauses





































Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Consumer Goods

Telecommunications

Real Estate

Hospitality

Education

Manufacturing

Entertainment

Professional Services

Food and Beverage

Automotive

Relevant Teams

Legal

Marketing

Procurement

Business Development

Communications

Compliance

Finance

Digital

Brand Management

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Content Manager

Agency Relations Manager

Procurement Manager

Legal Counsel

Contract Manager

Business Development Manager

Communications Director

Account Manager

Project Manager

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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