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Digital Marketing Contract for Malaysia

Digital Marketing Contract Template for Malaysia

This document is a comprehensive Digital Marketing Contract governed by Malaysian law, designed to establish a formal agreement between a digital marketing service provider and a client. It encompasses key provisions compliant with Malaysian legislation, including the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and Electronic Commerce Act 2006. The contract details the scope of digital marketing services, deliverables, performance metrics, data protection requirements, intellectual property rights, and payment terms while ensuring compliance with Malaysian digital marketing regulations and consumer protection laws.

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What is a Digital Marketing Contract?

This Digital Marketing Contract is essential for businesses engaging digital marketing services in Malaysia. It serves as a legally binding agreement that protects both the service provider and client while ensuring compliance with Malaysian legislation. The document is particularly relevant in today's digital-first business environment, where companies increasingly rely on digital marketing strategies for growth. It includes comprehensive provisions for data protection, content rights, performance metrics, and service delivery standards, all aligned with Malaysian legal requirements including the Personal Data Protection Act 2010 and Communications and Multimedia Act 1998. This contract type is suitable for both one-off campaign arrangements and ongoing digital marketing services, providing flexibility to accommodate various business needs while maintaining legal compliance.

What sections should be included in a Digital Marketing Contract?

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

2. Background: Context of the agreement, including the client's business nature and their need for digital marketing services

3. Definitions: Detailed definitions of technical terms, marketing metrics, and other key terms used throughout the agreement

4. Scope of Services: Comprehensive description of digital marketing services to be provided, including specific platforms and marketing channels

5. Service Provider's Obligations: Detailed responsibilities of the digital marketing agency, including reporting, communication, and performance standards

6. Client's Obligations: Client's responsibilities, including providing necessary materials, approvals, and access to accounts

7. Fees and Payment Terms: Detailed fee structure, payment schedule, and terms including any performance-based bonuses

8. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and campaign assets

9. Data Protection and Privacy: Compliance with PDPA 2010 and handling of personal data in marketing activities

10. Confidentiality: Protection of confidential information exchanged during the contract period

11. Term and Termination: Contract duration, renewal terms, and conditions for termination

12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement

What sections are optional to include in a Digital Marketing Contract?

1. Performance Metrics and KPIs: Specific measurable targets and performance indicators - include when the contract is performance-based

2. Social Media Management: Detailed terms for social media account management - include when social media services are part of the scope

3. Content Creation and Approval: Process for content creation and approval - include when content creation is a significant component

4. Third-Party Platforms: Terms relating to use of third-party marketing platforms - include when specific platforms are crucial to service delivery

5. Crisis Management: Procedures for handling social media crises or negative publicity - include for high-profile clients

6. Service Level Agreement: Specific response times and service levels - include when precise service levels are required

7. White Labeling: Terms for white-label services - include when agency provides white-label digital marketing services

What schedules should be included in a Digital Marketing Contract?

1. Schedule 1 - Service Specifications: Detailed breakdown of specific digital marketing services, channels, and deliverables

2. Schedule 2 - Fee Structure: Detailed pricing, payment milestones, and any variable fee components

3. Schedule 3 - KPI Metrics: Specific performance indicators, measurement methods, and reporting formats

4. Schedule 4 - Approved Platforms: List of approved marketing platforms and tools to be used

5. Schedule 5 - Client Brand Guidelines: Client's branding requirements and guidelines for marketing materials

6. Appendix A - Report Templates: Templates for regular performance and analytics reports

7. Appendix B - Communication Protocol: Procedures for regular communications and escalation protocols

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

Agreement Contract

Cost

Free to use
Relevant legal definitions

























Clauses






























Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Education

Hospitality

Manufacturing

Professional Services

Real Estate

Food and Beverage

Entertainment

Tourism

Automotive

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Digital Operations

Brand Management

Communications

Compliance

Business Development

Content Creation

Social Media

E-commerce

Finance

Risk Management

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Content Manager

Social Media Manager

Legal Counsel

Procurement Manager

Brand Manager

Communications Director

E-commerce Manager

Digital Strategy Director

Compliance Officer

Contract Administrator

Marketing Operations 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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