¶¶Òõ¶ÌÊÓƵ

This Exclusive Advertising Agreement template is designed for use in the Malaysian market where parties seek to establish an exclusive advertising arrangement. The document is particularly relevant when a rights holder wishes to grant sole advertising privileges to another party for specific locations, platforms, or venues. The agreement incorporates key requirements under Malaysian law, including compliance with the Competition Act 2010, Trade Descriptions Act 2011, and relevant advertising regulations. It is commonly used for arrangements involving billboards, venues, digital platforms, or other advertising spaces where exclusivity is a key commercial consideration. The agreement includes comprehensive provisions covering grant of rights, payment structures, approval processes, performance metrics, and regulatory compliance, tailored to meet Malaysian legal requirements and commercial practices.

1. Parties: Identifies and defines the parties to the agreement - the Advertising Rights Holder and the Advertiser

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Grant of Exclusive Rights: Details the exclusive advertising rights being granted, including scope and territory

5. Term and Renewal: Specifies the duration of the agreement and any renewal options

6. Payment Terms: Outlines fees, payment schedule, and any revenue sharing arrangements

7. Obligations of the Rights Holder: Lists the responsibilities and commitments of the party granting the advertising rights

8. Obligations of the Advertiser: Details the advertiser's commitments, including minimum spending requirements and quality standards

9. Approval Process: Establishes procedures for reviewing and approving advertising content

10. Intellectual Property Rights: Addresses ownership and usage rights of trademarks, creative content, and other IP

11. Compliance with Laws: Requires adherence to relevant advertising and media laws

12. Representations and Warranties: Contains standard commercial warranties and representations from both parties

13. Indemnification: Sets out mutual indemnification obligations

14. Termination: Specifies termination rights and procedures

15. Confidentiality: Protects confidential information exchanged during the relationship

16. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for disputes

17. General Provisions: Contains standard boilerplate clauses including notices, assignment, and amendment procedures