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Advertising Sales Agreement

Advertising Sales Agreement Template for Malaysia

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Key Requirements PROMPT example:

Advertising Sales Agreement

"I need an Advertising Sales Agreement for my digital marketing agency to provide social media advertising services to a Malaysian retail chain, including content creation and campaign management services starting from March 2025."

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Document background
The Advertising Sales Agreement is a crucial commercial contract used in the Malaysian market to formalize the relationship between advertising service providers and businesses seeking advertising services. This document is essential when a business wishes to engage professional advertising services for promoting their products or services across various media channels. The agreement covers key aspects such as advertising placement, pricing structures, content approval processes, and performance metrics, while ensuring compliance with Malaysian advertising laws and regulations, including the Communications and Multimedia Act 1998 and the Consumer Protection Act 1999. It is particularly important in protecting both parties' interests by clearly defining responsibilities, deliverables, and payment terms while addressing specific requirements of the Malaysian advertising industry.
Suggested Sections

1. Parties: Identification of the advertising service provider and the advertiser/client

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. Scope of Services: Detailed description of advertising services to be provided

5. Term and Renewal: Duration of the agreement and renewal terms

6. Payment Terms: Pricing, payment schedule, and billing procedures

7. Advertising Material and Content: Requirements for advertising content, submission process, and approval procedures

8. Client Obligations: Responsibilities of the advertiser including content provision and compliance with laws

9. Service Provider Obligations: Responsibilities of the advertising service provider

10. Compliance with Laws: Obligations to comply with Malaysian advertising laws and regulations

11. Intellectual Property Rights: Ownership and usage rights of advertising materials and content

12. Confidentiality: Protection of confidential information shared between parties

13. Termination: Conditions and procedures for ending the agreement

14. Limitation of Liability: Limits on parties' liability and indemnification provisions

15. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for advertising campaigns

2. Digital Advertising Provisions: Additional terms specific to digital advertising platforms and metrics

3. Data Protection: Detailed provisions for handling personal data in advertising activities

4. Agency Commission: Terms relating to agency fees and commission structures when involving advertising agencies

5. Creative Services: Additional terms for creative content development services

6. Media Buying Terms: Specific provisions for media purchasing and placement services

7. Exclusivity: Terms granting exclusive advertising rights or territories

8. Force Majeure: Provisions for handling unforeseen circumstances affecting advertising delivery

Suggested Schedules

1. Schedule A - Advertising Rates: Detailed pricing structure and rate cards

2. Schedule B - Advertising Specifications: Technical requirements for advertising materials

3. Schedule C - Service Level Agreement: Performance standards and service delivery metrics

4. Schedule D - Approved Advertising Platforms: List of agreed advertising platforms and channels

5. Schedule E - Content Guidelines: Specific content requirements and restrictions

6. Appendix 1 - Campaign Calendar: Planned advertising campaign schedules and timelines

7. Appendix 2 - Approval Process: Detailed workflow for content approval and revisions

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Advertisement
Advertising Materials
Advertising Rates
Advertising Services
Advertising Specifications
Approval Process
Business Day
Campaign Period
Commencement Date
Confidential Information
Content Guidelines
Contract Period
Delivery Schedule
Digital Platform
Effective Date
Fees
Force Majeure Event
Intellectual Property Rights
Laws
Media Placement
Payment Terms
Performance Metrics
Publication Date
Service Level Agreement
Service Provider
Services
Target Audience
Term
Territory
Working Hours
Relevant Industries

Media and Entertainment

Advertising and Marketing

Digital Technology

Retail

Consumer Goods

Financial Services

Telecommunications

Hospitality and Tourism

E-commerce

Professional Services

Healthcare

Education

Relevant Teams

Legal

Marketing

Sales

Procurement

Finance

Compliance

Business Development

Digital Marketing

Brand Management

Creative Services

Media Planning

Account Management

Relevant Roles

Marketing Director

Advertising Manager

Media Buyer

Account Executive

Sales Director

Legal Counsel

Compliance Officer

Brand Manager

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Content Strategy Director

Agency Relations Manager

Procurement Manager

Finance Director

Industries
Contracts Act 1950: Primary legislation governing contract formation, validity, and enforcement in Malaysia, essential for the basic structure and enforceability of the advertising sales agreement
Consumer Protection Act 1999: Regulates advertising claims and prohibits false or misleading advertisements, ensuring consumer protection in advertising content
Trade Descriptions Act 2011: Controls false trade descriptions and misleading advertisements in the course of trade and commerce
Communications and Multimedia Act 1998: Regulates the broadcasting and advertising content across various media platforms in Malaysia
Personal Data Protection Act 2010: Governs the collection and use of personal data in advertising activities and customer targeting
Competition Act 2010: Ensures fair competition in advertising markets and prevents anti-competitive practices in advertising deals
Malaysian Code of Advertising Practice: Self-regulatory guidelines for advertising standards and best practices in Malaysia
Price Control and Anti-Profiteering Act 2011: Relevant for pricing and payment terms in advertising agreements to ensure compliance with pricing regulations
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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