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Brand Promotion Agreement

Brand Promotion Agreement Template for Malaysia

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Key Requirements PROMPT example:

Brand Promotion Agreement

"I need a Brand Promotion Agreement for my Malaysian technology company to engage a digital marketing agency for promoting our new app launch through social media influencers and online campaigns, starting March 2025, with specific provisions for data privacy and digital content rights."

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Document background
The Brand Promotion Agreement serves as a crucial legal framework for businesses operating in Malaysia who wish to engage external parties for brand promotion and marketing activities. This document is essential when a brand owner wants to authorize another party to promote their brand while maintaining control over brand representation and ensuring compliance with Malaysian regulations. The agreement typically covers promotional strategy, brand usage guidelines, compensation structures, and compliance with Malaysian advertising laws, including the Trade Descriptions Act 2011 and Consumer Protection Act 1999. It's particularly relevant in today's digital age where brand promotion spans multiple channels and requires careful management of both traditional and digital marketing activities. The document provides necessary protections for intellectual property rights while establishing clear performance metrics and operational guidelines for promotional activities.
Suggested Sections

1. Parties: Identification of the brand owner and the promoter/agency

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. Appointment and Scope: Terms of appointment and scope of promotional services

5. Brand Guidelines and Usage: Rules and requirements for brand usage in promotional activities

6. Promotional Activities: Detailed description of agreed promotional activities and deliverables

7. Approvals Process: Process for obtaining approval for promotional materials and activities

8. Term and Timeline: Duration of the agreement and key milestone dates

9. Financial Terms: Compensation, payment terms, and any performance-based incentives

10. Intellectual Property Rights: Protection and usage rights of brands, trademarks, and promotional materials

11. Compliance and Regulations: Compliance with Malaysian laws and advertising standards

12. Representations and Warranties: Standard warranties regarding capacity, authority, and service quality

13. Confidentiality: Protection of confidential information shared during the promotion

14. Termination: Conditions and process for terminating the agreement

15. Dispute Resolution: Process for resolving disputes under Malaysian law

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

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for promotional activities - include when performance-based compensation is involved

2. Digital Marketing Provisions: Specific terms for digital marketing activities - include when online promotion is part of scope

3. Social Media Guidelines: Specific rules for social media promotion - include when social media marketing is involved

4. Influencer Guidelines: Rules for engaging with influencers - include when influencer marketing is planned

5. Event-Specific Terms: Special provisions for promotional events - include when physical events are planned

6. Data Protection: Detailed data protection and PDPA compliance - include when consumer data collection is involved

7. Territory Restrictions: Specific geographical limitations - include for multi-territory promotions

8. Competition Terms: Rules for promotional competitions - include when running contests or giveaways

Suggested Schedules

1. Schedule 1 - Brand Guidelines: Detailed brand usage guidelines and specifications

2. Schedule 2 - Promotional Activities Plan: Detailed plan of all promotional activities and timelines

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, costs, and payment structure

4. Schedule 4 - Approval Matrix: Matrix showing approval requirements for different types of promotional materials

5. Schedule 5 - Performance Metrics: Detailed KPIs and measurement methodology

6. Appendix A - Brand Assets: List of provided brand assets and their permitted uses

7. Appendix B - Contact Details: Key contact persons for both parties

8. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance standards

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





























Clauses































Relevant Industries

Retail

Consumer Goods

Fashion and Apparel

Food and Beverage

Technology

Entertainment

Automotive

Healthcare

Financial Services

Telecommunications

Hospitality

E-commerce

Sports and Recreation

Beauty and Cosmetics

Education

Relevant Teams

Legal

Marketing

Brand Management

Corporate Communications

Public Relations

Digital Marketing

Compliance

Business Development

Advertising

Creative Services

Relevant Roles

Marketing Director

Brand Manager

Chief Marketing Officer

Legal Counsel

Compliance Officer

Marketing Manager

Business Development Manager

Communications Director

Advertising Manager

Digital Marketing Manager

Brand Development Manager

Promotional Campaign Manager

Contract Administrator

Marketing Coordinator

Brand Ambassador

Public Relations 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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