The Advertising Sales Agreement is a crucial commercial contract used in the Malaysian market to formalize the relationship between advertising service providers and businesses seeking advertising services. This document is essential when a business wishes to engage professional advertising services for promoting their products or services across various media channels. The agreement covers key aspects such as advertising placement, pricing structures, content approval processes, and performance metrics, while ensuring compliance with Malaysian advertising laws and regulations, including the Communications and Multimedia Act 1998 and the Consumer Protection Act 1999. It is particularly important in protecting both parties' interests by clearly defining responsibilities, deliverables, and payment terms while addressing specific requirements of the Malaysian advertising industry.
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1. Parties: Identification of the advertising service provider and the advertiser/client
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 advertising services to be provided
5. Term and Renewal: Duration of the agreement and renewal terms
6. Payment Terms: Pricing, payment schedule, and billing procedures
7. Advertising Material and Content: Requirements for advertising content, submission process, and approval procedures
8. Client Obligations: Responsibilities of the advertiser including content provision and compliance with laws
9. Service Provider Obligations: Responsibilities of the advertising service provider
10. Compliance with Laws: Obligations to comply with Malaysian advertising laws and regulations
11. Intellectual Property Rights: Ownership and usage rights of advertising materials and content
12. Confidentiality: Protection of confidential information shared between parties
13. Termination: Conditions and procedures for ending the agreement
14. Limitation of Liability: Limits on parties' liability and indemnification provisions
15. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Performance Metrics: Specific KPIs and measurement criteria for advertising campaigns
2. Digital Advertising Provisions: Additional terms specific to digital advertising platforms and metrics
3. Data Protection: Detailed provisions for handling personal data in advertising activities
4. Agency Commission: Terms relating to agency fees and commission structures when involving advertising agencies
5. Creative Services: Additional terms for creative content development services
6. Media Buying Terms: Specific provisions for media purchasing and placement services
7. Exclusivity: Terms granting exclusive advertising rights or territories
8. Force Majeure: Provisions for handling unforeseen circumstances affecting advertising delivery
1. Schedule A - Advertising Rates: Detailed pricing structure and rate cards
2. Schedule B - Advertising Specifications: Technical requirements for advertising materials
3. Schedule C - Service Level Agreement: Performance standards and service delivery metrics
4. Schedule D - Approved Advertising Platforms: List of agreed advertising platforms and channels
5. Schedule E - Content Guidelines: Specific content requirements and restrictions
6. Appendix 1 - Campaign Calendar: Planned advertising campaign schedules and timelines
7. Appendix 2 - Approval Process: Detailed workflow for content approval and revisions
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Advertising and Marketing
Digital Technology
Retail
Consumer Goods
Financial Services
Telecommunications
Hospitality and Tourism
E-commerce
Professional Services
Healthcare
Education
Relevant Teams
Legal
Marketing
Sales
Procurement
Finance
Compliance
Business Development
Digital Marketing
Brand Management
Creative Services
Media Planning
Account Management
Relevant Roles
Marketing Director
Advertising Manager
Media Buyer
Account Executive
Sales Director
Legal Counsel
Compliance Officer
Brand Manager
Digital Marketing Manager
Chief Marketing Officer
Business Development Manager
Content Strategy Director
Agency Relations Manager
Procurement Manager
Finance Director
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