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Advertising Sales Contract Template for Malaysia

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Key Requirements PROMPT example:

Advertising Sales Contract

"I need an Advertising Sales Contract for a six-month digital advertising campaign starting March 2025, where my agency will provide social media and search engine advertising services to a Malaysian retail chain, including content creation and performance reporting."

Document background
The Advertising Sales Contract serves as a crucial legal framework for businesses engaging in advertising activities within Malaysia. This document is essential when an advertising service provider (such as an agency, media company, or publisher) agrees to provide advertising services to a client. The contract details all aspects of the advertising arrangement, including placement specifications, pricing, content requirements, approval processes, and performance metrics. It ensures compliance with Malaysian advertising regulations, including the Communications and Multimedia Act 1998, Trade Descriptions Act 2011, and Consumer Protection Act 1999. The document is particularly important in the current digital age where advertising spans multiple platforms and requires careful consideration of both traditional and digital media requirements.
Suggested Sections

1. Parties: Identification of the advertising service provider and the client, including full 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 contract, including advertising-specific terminology

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertisements, platforms, and campaigns

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

6. Advertising Requirements: Specifications for advertisement content, format, and delivery requirements

7. Approval Process: Procedures for submission, review, and approval of advertisements

8. Pricing and Payment Terms: Fee structure, payment schedule, and billing procedures

9. Client Obligations: Client's responsibilities including providing materials, approvals, and maintaining necessary rights

10. Service Provider Obligations: Provider's commitments regarding service delivery, quality standards, and performance metrics

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

12. Compliance with Laws: Obligations to comply with advertising laws, regulations, and industry standards

13. Confidentiality: Protection of confidential information exchanged during the contract

14. Termination: Conditions and procedures for contract termination

15. Liability and Indemnification: Allocation of risks and responsibilities between parties

16. General Provisions: Standard contract clauses including notices, amendments, and governing law

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for advertising campaigns, used when performance-based billing is implemented

2. Digital Advertising Terms: Special provisions for online advertising, including tracking, targeting, and data collection requirements

3. Traditional Media Terms: Specific provisions for traditional media advertising (print, TV, radio), used when relevant

4. Agency Commission: Terms related to agency commissions and fee structures, included when working with advertising agencies

5. Competitive Exclusivity: Restrictions on advertising competing products or services, included when exclusivity is required

6. Crisis Management: Procedures for handling advertising-related controversies or public relations issues

7. Social Media Provisions: Specific terms for social media advertising and influencer marketing

8. Content Creation Services: Terms for creative services if the provider is also developing advertising content

Suggested Schedules

1. Schedule A - Advertising Specifications: Detailed technical requirements for advertisements including formats, dimensions, and file types

2. Schedule B - Rate Card: Comprehensive pricing structure for different advertising services and placements

3. Schedule C - Campaign Schedule: Timeline and scheduling details for advertising campaigns

4. Schedule D - Performance Metrics: Detailed KPIs and measurement methodologies

5. Schedule E - Approved Media Platforms: List of approved advertising platforms and media channels

6. Schedule F - Creative Guidelines: Brand guidelines and creative requirements for advertisements

7. Appendix 1 - Sample Approval Form: Template for advertisement approval process

8. Appendix 2 - Contact Details: Key contact information for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses





































Relevant Industries

Media & Entertainment

Advertising & Marketing

Retail

E-commerce

Technology

Telecommunications

Financial Services

Healthcare

Consumer Goods

Hospitality & Tourism

Real Estate

Automotive

Education

Relevant Teams

Legal

Marketing

Advertising

Sales

Business Development

Procurement

Compliance

Finance

Digital Marketing

Brand Management

Commercial Operations

Media Planning

Relevant Roles

Marketing Director

Advertising Manager

Media Buyer

Account Executive

Sales Director

Business Development Manager

Chief Marketing Officer

Media Planning Manager

Commercial Director

Brand Manager

Digital Marketing Manager

Legal Counsel

Procurement Manager

Compliance Officer

Contract Administrator

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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