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Endorsement Contract for Malaysia

Endorsement Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes and regulates the relationship between a brand/company and an individual (typically a celebrity, influencer, or public figure) who will endorse their products or services. The document outlines the scope of endorsement activities, compensation terms, usage rights, compliance requirements, and other key obligations while ensuring adherence to Malaysian advertising standards, consumer protection laws, and relevant regulations. It includes specific provisions for content approval, exclusivity, moral clauses, and intellectual property rights, tailored to the Malaysian legal framework and business environment.

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What is a Endorsement Contract?

The Endorsement Contract is a vital legal instrument used when a company seeks to partner with a celebrity, influencer, or public figure to promote their products or services in Malaysia. This document is essential for businesses looking to leverage personal endorsements while ensuring compliance with Malaysian legal requirements, including the Contracts Act 1950, Consumer Protection Act 1999, and relevant advertising regulations. The agreement typically covers comprehensive terms including scope of services, compensation, exclusivity, approval rights, and compliance requirements. It's particularly important in today's digital age where endorsements span multiple platforms and require careful consideration of both traditional and social media aspects. The document serves to protect both parties' interests while ensuring transparent and compliant endorsement practices in the Malaysian market.

What sections should be included in a Endorsement Contract?

1. Parties: Identification of the endorser (celebrity/influencer) and the company seeking endorsement

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

3. Definitions: Key terms used throughout the agreement including Products, Territory, Term, Endorsement Services

4. Appointment and Scope: Terms of appointment and scope of endorsement services

5. Term and Territory: Duration of the agreement and geographical scope of the endorsement

6. Endorsement Services: Detailed description of required endorsement activities and deliverables

7. Approval Rights: Process for approval of endorsement content and usage of endorser's image

8. Compensation: Payment terms, including base fees, royalties, and performance bonuses

9. Exclusivity: Restrictions on endorsing competing products/services

10. Intellectual Property Rights: Usage rights and ownership of endorsement materials and content

11. Compliance Requirements: Obligations to comply with laws, regulations, and advertising standards

12. Representations and Warranties: Standard warranties and specific endorsement-related representations

13. Termination: Termination rights and consequences

14. Morality and Public Image: Standards of conduct and consequences of reputation damage

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

What sections are optional to include in a Endorsement Contract?

1. Social Media Requirements: Specific requirements for social media posts and engagement, used when endorsement includes social media activities

2. Performance Metrics: Specific KPIs and measurement criteria, used when compensation is tied to performance

3. Event Appearances: Terms for personal appearances and events, included when in-person appearances are part of the endorsement

4. Product Development Input: Terms for endorser's involvement in product development, used when endorser will contribute to product design/development

5. International Rights: Additional provisions for international endorsements, used when endorsement extends beyond Malaysia

6. Crisis Management: Procedures for handling public relations issues, included for high-profile endorsements

7. NFT and Digital Rights: Specific provisions for digital assets and NFTs, used when endorsement includes digital/virtual elements

What schedules should be included in a Endorsement Contract?

1. Schedule 1 - Endorsed Products: Detailed list and descriptions of products/services covered by the endorsement

2. Schedule 2 - Compensation Structure: Detailed breakdown of fees, royalties, and payment terms

3. Schedule 3 - Endorsement Guidelines: Specific requirements for endorsement content and approved messaging

4. Schedule 4 - Approval Process: Detailed procedures for content approval and turnaround times

5. Schedule 5 - Usage Rights: Specific terms for usage of endorser's name, image, and likeness

6. Schedule 6 - Excluded Products/Services: List of competing or prohibited products/services

7. Appendix A - Brand Guidelines: Company's brand guidelines and requirements

8. Appendix B - Content Calendar: Planned schedule of endorsement activities and deliverables

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

Malaysia

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Consumer Goods

Fashion and Apparel

Beauty and Cosmetics

Food and Beverage

Technology

Sports and Athletics

Entertainment

Healthcare and Wellness

Financial Services

Automotive

Telecommunications

Travel and Hospitality

Education

E-commerce

Gaming and Esports

Relevant Teams

Legal

Marketing

Public Relations

Social Media

Brand Management

Content Creation

Compliance

Business Development

Digital Marketing

Celebrity Relations

Contract Administration

Relevant Roles

Marketing Director

Brand Manager

Legal Counsel

Commercial Director

Talent Manager

Public Relations Manager

Social Media Manager

Business Development Manager

Compliance Officer

Content Manager

Digital Marketing Manager

Celebrity Relations Manager

Contract Administrator

Chief Marketing Officer

Influencer 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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