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Exclusive Marketing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Marketing Agreement

"I need an Exclusive Marketing Agreement for appointing a digital marketing agency to handle all our e-commerce marketing in Malaysia and Singapore, starting from March 2025, with special focus on social media campaigns and performance-based compensation."

Document background
The Exclusive Marketing Agreement is a crucial document for businesses operating in Malaysia who wish to establish a controlled and exclusive marketing channel for their products or services. This agreement is particularly relevant when a company wants to grant sole marketing rights to a specialized provider while maintaining brand control and ensuring compliance with Malaysian regulations. The document addresses key aspects such as territorial exclusivity, performance metrics, brand guidelines, and compensation structures, while incorporating necessary provisions to comply with Malaysian legislation including the Contracts Act 1950, Competition Act 2010, and Consumer Protection Act 1999. It's commonly used when launching new products, entering new markets, or restructuring marketing operations in Malaysia, and includes comprehensive provisions for both traditional and digital marketing activities.
Suggested Sections

1. Parties: Identification and details of the principal company and the marketing agency/provider

2. Background: Context of the agreement, including the principal's business and desire for marketing services

3. Definitions: Key terms used throughout the agreement, including Territory, Products/Services, Marketing Services, etc.

4. Appointment and Scope: Grant of exclusive marketing rights and detailed scope of services

5. Term: Duration of the agreement, including commencement date and renewal provisions

6. Marketing Obligations: Detailed responsibilities of the marketing provider

7. Principal's Obligations: Support, materials, and information to be provided by the principal

8. Exclusivity Provisions: Terms of exclusivity, including territorial and product/service restrictions

9. Fees and Payment: Payment terms, commission structures, and expense arrangements

10. Performance Standards: Required service levels and quality standards

11. Intellectual Property: Ownership and usage rights of marketing materials and trademarks

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds for termination and termination procedures

14. Post-Termination: Obligations and restrictions after agreement ends

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

Optional Sections

1. Data Protection: Required if personal data processing is involved in marketing activities

2. Digital Marketing Provisions: Required if online/digital marketing is part of the scope

3. Sub-contractors: Include if the marketing provider may need to engage third parties

4. Insurance: Include if specific insurance requirements are needed

5. Non-Competition: Include if additional competitive restrictions are required beyond exclusivity

6. Force Majeure: Include if specific events need to be addressed that could impact marketing activities

7. Compliance with Laws: Include if specific regulatory compliance needs to be addressed

Suggested Schedules

1. Schedule 1 - Marketing Services: Detailed description of all marketing services to be provided

2. Schedule 2 - Territory: Detailed description of geographical territory covered by exclusivity

3. Schedule 3 - Products/Services: Detailed list of products/services covered by the agreement

4. Schedule 4 - Fee Structure: Detailed breakdown of fees, commissions, and payment calculations

5. Schedule 5 - Performance Metrics: KPIs and performance measurement criteria

6. Schedule 6 - Brand Guidelines: Principal's branding requirements and usage guidelines

7. Schedule 7 - Reporting Requirements: Format and frequency of required marketing reports

8. Schedule 8 - Approved Marketing Materials: List of pre-approved marketing materials and templates

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

Retail

Consumer Goods

Technology

Financial Services

Healthcare

Real Estate

Manufacturing

Automotive

Telecommunications

Food and Beverage

Fashion and Apparel

Education

Entertainment

Tourism and Hospitality

Relevant Teams

Legal

Marketing

Business Development

Commercial

Sales

Compliance

Brand Management

Operations

Finance

Executive Leadership

Relevant Roles

Chief Marketing Officer

Marketing Director

Business Development Manager

Brand Manager

Commercial Director

Legal Counsel

Contracts Manager

Marketing Manager

Sales Director

CEO

General Manager

Regional Director

Channel Manager

Marketing Operations Manager

Compliance Officer

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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