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Advertising Agency Contract for Indonesia

Advertising Agency Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes a professional relationship between an advertising agency and a client company. This contract defines the scope of advertising services, creative deliverables, approval processes, and payment terms while ensuring compliance with Indonesian advertising regulations and media laws. It includes provisions for intellectual property rights, performance metrics, and digital advertising requirements, incorporating local business practices and regulatory requirements specific to the Indonesian market.

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What is a Advertising Agency Contract?

The Advertising Agency Contract is essential for businesses operating in Indonesia that seek to formalize their relationship with advertising service providers. This document is designed to comply with Indonesian civil law, advertising regulations, and media laws while protecting both parties' interests. It's particularly relevant when engaging an agency for comprehensive advertising services, including campaign development, media planning, creative production, and digital marketing. The contract addresses key aspects such as service scope, approval workflows, intellectual property rights, payment structures, and regulatory compliance specific to the Indonesian advertising landscape. It's structured to accommodate both traditional and digital advertising channels while considering local business customs and legal requirements.

What sections should be included in a Advertising Agency Contract?

1. Parties: Identification of the advertising agency and the client, including their legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into an advertising service relationship

3. Definitions: Key terms used throughout the agreement, including technical advertising terms and contract-specific definitions

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, platforms, and campaigns

5. Agency Obligations: Specific responsibilities and duties of the advertising agency

6. Client Obligations: Client's responsibilities, including providing necessary information, approvals, and materials

7. Approval Process: Procedures for submitting, reviewing, and approving advertising materials and campaigns

8. Intellectual Property Rights: Ownership and licensing of creative works, existing IP, and campaign materials

9. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

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

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Parties' assurances regarding their capacity, authority, and service quality

13. Limitation of Liability: Boundaries of each party's liability and any indemnification provisions

14. Compliance with Laws: Obligation to comply with Indonesian advertising laws and regulations

15. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Advertising Agency Contract?

1. Performance Metrics: Specific KPIs and performance measurement criteria, used when the client requires quantifiable success metrics

2. Digital Advertising Terms: Specific provisions for digital advertising campaigns, including platform-specific requirements

3. International Advertising: Additional provisions for campaigns that will run in multiple countries

4. Agency of Record: Exclusive agency provisions, used when the agency is designated as the sole advertising provider

5. Data Protection: Specific provisions for handling personal data in advertising campaigns, particularly important for targeted advertising

6. Third-Party Contractors: Terms governing the use of subcontractors or third-party service providers

7. Crisis Management: Procedures for handling advertising-related crises or emergency situations

What schedules should be included in a Advertising Agency Contract?

1. Schedule A - Service Description: Detailed breakdown of advertising services, including specific deliverables and timelines

2. Schedule B - Fee Structure: Comprehensive fee breakdown, including rate cards, commission structures, and expenses

3. Schedule C - Brand Guidelines: Client's branding requirements and guidelines for advertising materials

4. Schedule D - Approval Matrix: Detailed workflow for approvals, including authorized personnel and timeframes

5. Schedule E - Performance Metrics: Specific KPIs, reporting requirements, and measurement methodologies

6. Appendix 1 - Creative Brief Template: Standard template for submitting creative briefs

7. Appendix 2 - Campaign Report Template: Standard format for campaign performance reporting

8. Appendix 3 - Compliance Checklist: Checklist ensuring compliance with Indonesian advertising regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions







































Clauses

































Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Telecommunications

Automotive

Food and Beverage

Healthcare

Real Estate

Entertainment

Education

Travel and Tourism

E-commerce

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Creative Services

Media Planning

Business Development

Risk Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Contract Manager

Marketing Manager

Digital Marketing Manager

Advertising Manager

Creative Director

Media Planning Director

Account Director

Finance Director

Compliance Officer

Business Development 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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