The Simple Marketing Agreement serves as a fundamental legal instrument for businesses in Malaysia seeking to establish clear terms for marketing services. This document is typically used when engaging external marketing service providers, agencies, or consultants for promotional activities, advertising campaigns, or ongoing marketing support. It incorporates key provisions required under Malaysian law, including compliance with the Consumer Protection Act 1999, Trade Descriptions Act 2011, and Personal Data Protection Act 2010. The agreement is designed to be adaptable for various marketing services while maintaining essential protections for both parties. It's particularly relevant for businesses expanding their market presence in Malaysia or local companies seeking to formalize their marketing relationships with service providers.
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1. Parties: Identification of the contracting parties - the marketing service provider and the client company
2. Background: Brief context of the agreement and the parties' intention to enter into a marketing relationship
3. Definitions: Key terms used throughout the agreement including Marketing Services, Deliverables, Marketing Materials, etc.
4. Scope of Services: Detailed description of the marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment: Payment terms, fee structure, and invoicing procedures
7. Obligations of the Service Provider: Key responsibilities and commitments of the marketing service provider
8. Client Obligations: Responsibilities of the client, including provision of materials and approvals
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
10. Confidentiality: Protection of confidential information exchanged during the service provision
11. Compliance with Laws: Commitment to comply with Malaysian marketing and advertising laws
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the agreement involves measurable marketing targets
2. Digital Marketing Provisions: Specific terms for digital marketing services - include when services involve online marketing
3. Social Media Management: Terms specific to social media handling - include when social media services are part of the scope
4. Content Creation Rights: Detailed provisions about content creation and ownership - include when the agreement involves content creation
5. Third-Party Platforms: Terms regarding the use of third-party marketing platforms - include when external platforms will be used
6. Data Protection: Detailed data handling and privacy terms - include when personal data processing is involved
7. Territory Restrictions: Geographical limitations of marketing activities - include for region-specific campaigns
1. Schedule 1: Service Specifications: Detailed breakdown of marketing services and deliverables
2. Schedule 2: Fee Schedule: Detailed pricing structure, including any variable fees or commission arrangements
3. Schedule 3: Brand Guidelines: Client's branding requirements and usage guidelines
4. Schedule 4: Timeline and Milestones: Project timeline and key delivery dates
5. Appendix A: Approved Marketing Channels: List of approved marketing platforms and channels
6. Appendix B: Reporting Templates: Standard formats for marketing performance reports
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