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Marketing Agreement for Malaysia

Marketing Agreement Template for Malaysia

This document is a comprehensive Marketing Agreement governed by Malaysian law, designed to establish and regulate the relationship between a marketing service provider and a client. It encompasses provisions for both traditional and digital marketing services, including campaign management, brand promotion, and performance metrics. The agreement ensures compliance with Malaysian regulations, particularly the Personal Data Protection Act 2010 and Consumer Protection Act 1999, while addressing key aspects such as intellectual property rights, confidentiality, and data protection requirements specific to the Malaysian market.

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What is a Marketing Agreement?

The Marketing Agreement serves as a crucial legal framework for businesses engaging marketing services in Malaysia. This document is essential when a company wishes to formalize its relationship with a marketing service provider, whether for traditional marketing, digital campaigns, or comprehensive marketing solutions. The agreement addresses key aspects including scope of services, performance metrics, intellectual property rights, and compliance with Malaysian regulations. It includes specific provisions for data protection under the PDPA 2010, consumer protection requirements, and digital marketing regulations. The Marketing Agreement is particularly important in today's dynamic business environment where marketing activities often span multiple channels and require careful consideration of both local and international marketing standards.

What sections should be included in a Marketing Agreement?

1. Parties: Identification of the marketing service provider and the client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the marketing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including marketing services, deliverables, and technical terms

4. Scope of Services: Detailed description of marketing services to be provided, including specific campaigns, channels, and deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

6. Fees and Payment: Payment terms, fee structure, expenses, and invoicing procedures

7. Performance Metrics: Key performance indicators (KPIs), reporting requirements, and evaluation criteria

8. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and creative works

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection and Privacy: Compliance with PDPA 2010 and data handling requirements

11. Representations and Warranties: Parties' assurances regarding capabilities, compliance, and service quality

12. Limitation of Liability: Caps on liability and exclusions of certain types of damages

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

What sections are optional to include in a Marketing Agreement?

1. Digital Marketing Services: Specific provisions for digital marketing activities, including social media, SEO, and online advertising - include when digital marketing is part of the scope

2. Agency-Client Relationship: Provisions defining whether the relationship is exclusive or non-exclusive - include for significant marketing partnerships

3. Success Fees: Performance-based compensation structure - include when success-based payments are part of the arrangement

4. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries

5. International Marketing: Provisions for cross-border marketing activities - include when marketing extends beyond Malaysia

6. Crisis Management: Procedures for handling marketing-related crises or controversies - include for high-profile campaigns

7. Subcontracting: Terms governing the use of subcontractors - include when subcontracting is anticipated

What schedules should be included in a Marketing Agreement?

1. Schedule 1: Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2: Fee Schedule: Detailed pricing structure, payment milestones, and expense categories

3. Schedule 3: KPI Metrics: Specific performance indicators, measurement methods, and targets

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

5. Schedule 5: Approved Marketing Channels: List of authorized marketing platforms and channels

6. Appendix A: Campaign Brief Template: Standard template for campaign approvals and specifications

7. Appendix B: Reporting Templates: Standardized formats for performance and activity reporting

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

Retail

E-commerce

Financial Services

Technology

Healthcare

Consumer Goods

Telecommunications

Hospitality

Education

Real Estate

Automotive

Food and Beverage

Entertainment

Professional Services

Relevant Teams

Marketing

Legal

Procurement

Compliance

Business Development

Brand Management

Digital Marketing

Corporate Communications

Media Relations

Creative Services

Marketing Operations

Customer Experience

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Digital Marketing Manager

Legal Counsel

Procurement Manager

Business Development Manager

Agency Relations Manager

Compliance Officer

Contract Manager

Marketing Operations Manager

Campaign Manager

Media Planning 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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