Advertising Agency Contract Template for Malaysia

The Advertising Agency Contract serves as the primary legal framework for establishing and managing the relationship between advertising agencies and their clients in Malaysia. This document is essential when engaging professional advertising services for marketing campaigns, brand development, and promotional activities. The contract comprehensively addresses service scope, creative rights, approval workflows, compensation structures, and compliance with Malaysian advertising regulations. It incorporates key provisions from relevant Malaysian legislation, including the Communications and Multimedia Act 1998, Trade Descriptions Act 2011, and Personal Data Protection Act 2010. The agreement is designed to protect both parties' interests while ensuring clear communication channels and performance expectations throughout the engagement.

1. Parties: Identifies and provides full details of the advertising agency and the client company

2. Background: Sets out the context of the agreement, including the client's need for advertising services and the agency's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Appointment and Scope of Services: Details the formal appointment of the agency and outlines the core advertising services to be provided

5. Agency Obligations: Specifies the agency's key responsibilities, service standards, and deliverables

6. Client Obligations: Outlines the client's responsibilities, including providing materials, approvals, and cooperation

7. Approval Process: Details the procedure for submitting, reviewing, and approving advertising materials

8. Fees and Payment Terms: Specifies the fee structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Addresses ownership and licensing of creative works, existing IP, and developed materials

10. Confidentiality: Establishes obligations regarding confidential information protection

11. Term and Termination: Specifies the duration of the agreement and circumstances for termination

12. Warranties and Indemnities: Sets out warranties provided by both parties and indemnification obligations

13. Limitation of Liability: Defines the extent and limitations of each party's liability

14. Force Majeure: Addresses circumstances beyond parties' control affecting contract performance

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