Digital Advertising Agreement Template for Malaysia

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Key Requirements PROMPT example:

Digital Advertising Agreement

"I need a Digital Advertising Agreement for my e-commerce company based in Kuala Lumpur, engaging a digital marketing agency to manage our social media advertising campaigns across Facebook, Instagram, and TikTok starting March 2025, with a focus on data privacy compliance and performance-based payment structure."

Document background

The Digital Advertising Agreement serves as a crucial legal framework for businesses engaging in digital advertising activities within Malaysia's jurisdiction. This document is essential when establishing a formal relationship between advertising service providers and clients for the delivery of digital advertising services. It ensures compliance with Malaysian regulations including the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and relevant advertising standards. The agreement typically covers comprehensive details about campaign execution, platform usage, data handling, performance metrics, and payment structures, while addressing specific requirements of digital advertising in the Malaysian market. It's particularly important for protecting both parties' interests in the rapidly evolving digital advertising landscape and ensuring clear accountability in service delivery.

Suggested Sections

1. Parties: Identification of the advertising service provider and the client, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of entering into the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement

4. Scope of Services: Detailed description of digital advertising services to be provided, including types of advertising, platforms, and deliverables

5. Term and Renewal: Duration of the agreement, commencement date, and conditions for renewal

6. Payment Terms: Fees, payment schedule, invoicing procedures, and payment methods

7. Service Provider Obligations: Key responsibilities and commitments of the advertising service provider

8. Client Obligations: Key responsibilities and commitments of the client, including provision of materials and approvals

9. Intellectual Property Rights: Ownership and usage rights of advertising materials, content, and campaign data

10. Data Protection and Privacy: Compliance with PDPA 2010 and handling of personal data in advertising campaigns

11. Confidentiality: Protection and handling of confidential information exchanged during the service provision

12. Representations and Warranties: Parties' assurances regarding their capacity, authority, and service quality

13. Limitation of Liability: Extent and limitations of each party's liability under the agreement

14. Termination: Circumstances and procedures for ending the agreement, including notice periods

15. Post-Termination Obligations: Obligations and rights of parties after agreement termination

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

Optional Sections

1. Performance Metrics and Reporting: Specific KPIs, reporting requirements, and performance measurement criteria. Include when the client requires detailed performance tracking

2. Service Level Agreement (SLA): Specific service levels, response times, and performance standards. Include for enterprise-level agreements

3. Agency Commission Structure: Details of commission calculations and payment terms. Include when working with advertising agencies rather than direct clients

4. Content Approval Process: Detailed procedures for content submission, review, and approval. Include when client requires strict control over advertising content

5. Compliance with Platform Policies: Specific requirements for compliance with different advertising platforms. Include when advertising on specific platforms

6. Subcontractors and Third Parties: Terms governing the use of subcontractors or third-party services. Include when service provider needs to engage other parties

7. Crisis Management: Procedures for handling advertising-related crises or emergencies. Include for high-profile or sensitive advertising campaigns

Suggested Schedules

1. Schedule 1: Service Specifications: Detailed technical specifications of advertising services, including ad formats, platforms, and targeting parameters

2. Schedule 2: Fee Structure: Detailed breakdown of fees, rates, and payment terms including any variable or performance-based components

3. Schedule 3: Campaign Guidelines: Specific guidelines for campaign execution, including brand guidelines and content requirements

4. Schedule 4: Service Level Parameters: Detailed metrics and standards for service delivery and performance measurement

5. Schedule 5: Approved Advertising Platforms: List of approved platforms and specific requirements for each platform

6. Appendix A: Data Processing Requirements: Detailed procedures for handling personal data in compliance with PDPA 2010

7. Appendix B: Reporting Templates: Standard templates for performance reports and campaign analytics

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

E-commerce

Retail

Financial Services

Telecommunications

Media and Entertainment

Healthcare

Education

Tourism and Hospitality

Consumer Goods

Professional Services

Real Estate

Automotive

Food and Beverage

Relevant Teams

Legal

Marketing

Digital Operations

Procurement

Compliance

Finance

Brand Management

Media Planning

Creative Services

Business Development

Account Management

Digital Strategy

Marketing Technology

Risk Management

Relevant Roles

Digital Marketing Manager

Advertising Director

Chief Marketing Officer

Legal Counsel

Procurement Manager

Digital Campaign Manager

Media Buying Manager

Marketing Operations Manager

Compliance Officer

Account Director

Business Development Manager

Digital Strategy Director

Marketing Technology Manager

Brand Manager

Contract Administrator

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