Advertising Service Agreement Template for Malaysia

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement for my e-commerce company to engage a digital marketing agency in Malaysia for social media advertising and content creation services, with a focus on performance-based pricing and monthly reporting requirements."

Document background
The Advertising Service Agreement is a crucial commercial contract used when a business engages an advertising agency for promotional services in Malaysia. This document is essential for both agencies and clients as it clearly defines the scope of advertising services, deliverables, creative rights, and payment terms while ensuring compliance with Malaysian advertising regulations and industry standards. The agreement typically covers various advertising channels including traditional media, digital platforms, and social media, and includes specific provisions for content approval processes, performance metrics, and intellectual property rights. It's particularly important in the Malaysian context where advertising must comply with local content regulations, cultural sensitivities, and specific industry requirements under the Communications and Multimedia Act 1998 and related legislation.
Suggested Sections

1. Parties: Identification of the service provider (advertising agency) and the client, including full legal names and registration details

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

3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Campaign', 'Materials', etc.

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, channels, and campaign specifications

5. Service Provider's Obligations: Key responsibilities of the advertising agency, including quality standards, timelines, and reporting requirements

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

7. Approval Process: Procedures for submission, review, and approval of advertising materials and campaigns

8. Fees and Payment Terms: Pricing structure, payment schedule, and billing procedures

9. Intellectual Property Rights: Ownership and usage rights of creative materials, existing IP, and newly created content

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement, renewal terms, and termination conditions

12. Warranties and Indemnities: Guarantees regarding service quality and compliance with laws, including indemnification provisions

13. Limitation of Liability: Caps on liability and exclusions of certain types of damages

14. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law

Optional Sections

1. Digital Advertising Specifications: Specific terms for digital advertising services, including online platforms and metrics - include when digital advertising is part of the scope

2. Social Media Management: Terms specific to social media advertising and management - include when social media services are provided

3. Performance Metrics: KPIs and performance measurement criteria - include when specific performance targets are part of the agreement

4. Agency of Record: Terms establishing the agency as the primary advertising service provider - include when exclusive relationship is intended

5. Data Protection and Privacy: Detailed terms for handling personal data in advertising - include when collecting or processing personal data

6. Third-Party Vendors: Terms governing relationships with subcontractors or third-party service providers - include when external vendors will be used

7. Crisis Management: Procedures for handling advertising-related crises or controversies - include for high-profile campaigns

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of specific advertising services, channels, and deliverables

2. Schedule B - Fee Structure: Comprehensive pricing details, rate cards, and payment milestones

3. Schedule C - Service Level Agreement: Specific performance standards, response times, and quality metrics

4. Schedule D - Brand Guidelines: Client's branding requirements and guidelines for advertising materials

5. Schedule E - Approval Matrix: Detailed workflow for approvals including authorized personnel and timeframes

6. Appendix 1 - Campaign Calendar: Planned advertising campaigns and timeline

7. Appendix 2 - Reporting Templates: Standard formats for campaign performance and financial reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Financial Services

Technology

Healthcare

Automotive

Real Estate

Food and Beverage

Entertainment

Tourism

Education

Telecommunications

Professional Services

Relevant Teams

Marketing

Legal

Finance

Procurement

Creative Services

Brand Management

Digital Marketing

Compliance

Business Development

Media Planning

Client Services

Relevant Roles

Marketing Director

Chief Marketing Officer

Advertising Manager

Brand Manager

Legal Counsel

Procurement Manager

Finance Director

Creative Director

Account Director

Media Planning Manager

Digital Marketing Manager

Compliance Officer

Contract Manager

Business Development 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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