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Marketing Agency Agreement for Malaysia

Marketing Agency Agreement Template for Malaysia

This document establishes a legally binding agreement between a marketing agency and its client under Malaysian law, outlining the terms and conditions for the provision of marketing services. It covers essential elements including scope of services, payment terms, intellectual property rights, confidentiality obligations, and compliance with Malaysian regulations including the Personal Data Protection Act 2010 and Consumer Protection Act 1999. The agreement provides a comprehensive framework for managing the agency-client relationship while ensuring protection for both parties' interests and maintaining compliance with Malaysian legal requirements.

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What is a Marketing Agency Agreement?

The Marketing Agency Agreement is essential for businesses in Malaysia seeking to formalize their relationship with marketing service providers. This document is used when a company wishes to engage a marketing agency for services such as advertising, digital marketing, public relations, or brand management. It provides clear guidelines on service delivery, performance expectations, and legal obligations while ensuring compliance with Malaysian legislation, including the Contracts Act 1950 and relevant marketing regulations. The agreement protects both parties' interests by clearly defining responsibilities, payment terms, intellectual property rights, and termination conditions, while establishing a framework for successful collaboration.

What sections should be included in a Marketing Agency Agreement?

1. Parties: Identifies and provides full details of the contracting parties - the marketing agency and the client

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

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Establishes the agency's appointment and outlines the core marketing services to be provided

5. Term and Termination: Specifies the duration of the agreement and circumstances for termination

6. Agency's Obligations: Details the specific responsibilities and commitments of the marketing agency

7. Client's Obligations: Outlines the client's responsibilities, including provision of materials and approvals

8. Fees and Payment Terms: Specifies the fee structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Addresses ownership and usage rights of creative materials and marketing content

10. Confidentiality: Establishes obligations regarding confidential information

11. Data Protection: Ensures compliance with Malaysian Personal Data Protection Act and data handling procedures

12. Limitation of Liability: Sets out the extent and limitations of each party's liability

13. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution

What sections are optional to include in a Marketing Agency Agreement?

1. Non-Competition: Restricts the agency from working with competing clients - used when dealing with sensitive industries or direct competitors

2. Performance Metrics: Establishes KPIs and performance standards - included when specific measurable outcomes are required

3. International Services: Addresses cross-border marketing activities - needed when services extend beyond Malaysia

4. Social Media Management: Specific provisions for social media handling - included when social media is a key component of services

5. Crisis Management: Procedures for handling PR crises - important for high-profile clients or sensitive industries

6. Staff Assignment: Details key personnel assignments - used when specific team members are crucial to service delivery

7. Subcontracting: Rules for engaging third-party services - included when subcontractors may be needed

What schedules should be included in a Marketing Agency Agreement?

1. Schedule 1 - Scope of Services: Detailed breakdown of all marketing services to be provided

2. Schedule 2 - Fee Structure: Comprehensive fee breakdown, rate cards, and payment milestones

3. Schedule 3 - Key Personnel: List of key team members and their roles

4. Schedule 4 - Brand Guidelines: Client's branding requirements and guidelines

5. Schedule 5 - Service Level Agreement: Specific performance metrics and service standards

6. Schedule 6 - Approved Subcontractors: List of pre-approved third-party service providers

7. Appendix A - Required Reports: Templates and specifications for regular reporting

8. Appendix B - Approval Process: Workflow for client approvals and feedback

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

Agency Agreement

Cost

Free to use
Relevant legal definitions





























Clauses






























Relevant Industries

Advertising and Marketing

Retail

E-commerce

Technology

Financial Services

Healthcare

Consumer Goods

Entertainment

Tourism

Education

Professional Services

Real Estate

Manufacturing

Food and Beverage

Relevant Teams

Legal

Marketing

Procurement

Commercial

Finance

Compliance

Operations

Business Development

Brand Management

Relevant Roles

Marketing Director

Chief Marketing Officer

Legal Counsel

Commercial Director

Procurement Manager

Business Development Manager

Agency Director

Contract Manager

Chief Executive Officer

Operations Director

Marketing Manager

Brand Manager

Compliance Officer

Finance Director

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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