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Marketing Services Agreement for Malaysia

Marketing Services Agreement Template for Malaysia

This Marketing Services Agreement is a comprehensive legal document governed by Malaysian law, specifically designed to establish and regulate the relationship between a marketing service provider and their client. It incorporates key provisions required under Malaysian legislation, including compliance with the Personal Data Protection Act 2010, Consumer Protection Act 1999, and relevant advertising regulations. The agreement covers essential aspects such as scope of services, deliverables, payment terms, intellectual property rights, data protection, and performance metrics, while ensuring alignment with Malaysian business practices and regulatory requirements.

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What is a Marketing Services Agreement?

The Marketing Services Agreement serves as the primary contractual framework for businesses engaging marketing service providers in Malaysia. It is essential when a company wishes to formally engage a marketing agency or service provider for advertising, promotional, digital marketing, or related services. This agreement ensures compliance with Malaysian legislation, including the Personal Data Protection Act 2010, Trade Descriptions Act 2011, and Consumer Protection Act 1999. It typically covers comprehensive service descriptions, performance metrics, payment structures, intellectual property rights, and data protection requirements. The document is particularly crucial in the Malaysian context where digital marketing and e-commerce are rapidly growing, requiring clear guidelines for both traditional and digital marketing services while adhering to local regulatory requirements.

What sections should be included in a Marketing Services Agreement?

1. Parties: Identification of the service provider and client, including full legal names and registration details

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

3. Definitions: Key terms used throughout the agreement, including specific marketing terminology

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing requirements

7. Performance Metrics: KPIs and evaluation criteria for marketing services

8. Obligations of Service Provider: Key responsibilities and commitments of the marketing agency

9. Client Obligations: Responsibilities of the client, including provision of materials and approvals

10. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Compliance with Malaysian PDPA and data handling requirements

13. Warranties and Representations: Standard warranties regarding service quality and compliance

14. Limitation of Liability: Caps on liability and exclusions

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

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

1. Digital Marketing Services: Specific provisions for online marketing, social media, and digital campaigns

2. International Services: Additional terms for cross-border marketing activities

3. Creative Services: Specific terms for design and creative work

4. Influencer Marketing: Terms governing the use of influencers and social media personalities

5. Agency of Record: Terms establishing the agency as the primary marketing service provider

6. Success Fees: Performance-based compensation structure

7. Market Research: Terms governing market research and analysis services

8. Crisis Management: Procedures for handling marketing-related crises or reputation issues

What schedules should be included in a Marketing Services Agreement?

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

2. Schedule 2 - Fee Schedule: Detailed pricing structure, rates, and payment terms

3. Schedule 3 - Service Level Agreement: Specific KPIs, targets, and performance metrics

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party service providers

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Schedule 6 - Compliance Requirements: Specific regulatory requirements and compliance checklist

7. Schedule 7 - Required Reports: List and format of required marketing performance reports

8. Appendix A - Creative Brief Template: Standard template for project briefs and approvals

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

Service Agreement

Cost

Free to use
Relevant legal definitions
































Clauses






























Relevant Industries

Retail

E-commerce

Financial Services

Technology

Healthcare

Consumer Goods

Telecommunications

Hospitality

Real Estate

Education

Manufacturing

Food and Beverage

Entertainment

Professional Services

Automotive

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Communications

Business Development

Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Account Director

Legal Counsel

Procurement Manager

Commercial Director

Business Development Manager

Agency Relations Manager

Media Manager

Creative Director

Content 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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