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Advertising Agency Retainer Agreement for Malaysia

Advertising Agency Retainer Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes a long-term relationship between an advertising agency and its client for the ongoing provision of advertising and marketing services. The document outlines the scope of services, retainer fee structure, deliverables, performance metrics, and operational procedures while ensuring compliance with Malaysian advertising regulations, data protection laws, and consumer protection requirements. It includes provisions for intellectual property rights, confidentiality, and termination terms specific to the Malaysian business environment.

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What is a Advertising Agency Retainer Agreement?

An Advertising Agency Retainer Agreement is essential for businesses seeking to establish a formal, ongoing relationship with an advertising agency in Malaysia. This document is typically used when a client requires regular advertising and marketing services over an extended period, rather than project-based engagements. The agreement, governed by Malaysian law, covers crucial aspects such as service scope, fees, intellectual property rights, and compliance with local advertising regulations. It provides a framework for managing the agency-client relationship while ensuring adherence to Malaysian legal requirements, including the Communications and Multimedia Act 1998 and the Personal Data Protection Act 2010. The retainer model allows for more strategic, long-term collaboration while providing clarity on service expectations, deliverables, and performance metrics.

What sections should be included in a Advertising Agency Retainer Agreement?

1. Parties: Identification of the advertising agency and the client, including full legal names and registered addresses

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope of Services: Formal appointment of the agency and outline of core services to be provided

5. Agency Obligations: Key responsibilities and commitments of the advertising agency

6. Client Obligations: Key responsibilities and commitments of the client

7. Fees and Payment Terms: Retainer fee structure, payment schedule, and additional costs

8. Intellectual Property Rights: Ownership and licensing of creative works and materials

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement and circumstances for termination

11. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Advertising Agency Retainer Agreement?

1. Performance Metrics: Specific KPIs and performance measurement criteria, used when the client requires formal performance tracking

2. Data Protection: Detailed provisions for handling personal data, required when dealing with consumer data or PDPA compliance

3. Non-Competition: Restrictions on working with competing clients, included when exclusivity is required

4. Insurance: Insurance requirements and coverage details, included for high-value or high-risk campaigns

5. Subcontracting: Terms for engaging third-party suppliers, included when subcontractors will be used

6. International Services: Provisions for cross-border services, included for international campaigns

7. Crisis Management: Procedures for handling PR crises or campaign issues, included for sensitive industries or high-profile clients

What schedules should be included in a Advertising Agency Retainer Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided under the retainer

2. Schedule B - Fee Structure: Detailed breakdown of retainer fees, hourly rates, and additional costs

3. Schedule C - Service Level Agreement: Specific service standards, response times, and delivery expectations

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

5. Schedule E - Approval Process: Detailed workflow for campaign approvals and revisions

6. Appendix 1 - Brand Guidelines: Client's branding requirements and guidelines

7. Appendix 2 - Reporting Templates: Standard formats for performance reports and campaign analytics

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

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions































Clauses






























Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Telecommunications

Healthcare

Automotive

Real Estate

Food and Beverage

Entertainment

Education

Tourism

E-commerce

Professional Services

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Commercial

Operations

Digital Marketing

Creative Services

Account Management

Business Development

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Procurement Manager

Legal Counsel

Commercial Director

Agency Account Director

Creative Director

Finance Director

Marketing Manager

Compliance Officer

Contract Manager

Business Development Director

Operations Manager

Digital Marketing 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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