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The Marketing Agreement serves as the primary legal framework for establishing and managing professional marketing relationships in Indonesia. It is essential when engaging external marketing services providers, whether for comprehensive marketing campaigns, digital marketing, brand development, or specific promotional activities. The document ensures compliance with Indonesian regulations, including the Civil Code, Consumer Protection Law, and Electronic Information and Transactions Law. It provides detailed provisions for service scope, deliverables, performance metrics, and payment terms while addressing crucial aspects such as intellectual property rights, data protection, and cultural considerations specific to the Indonesian market. This agreement is particularly important given Indonesia's complex regulatory environment and the need to ensure marketing activities align with local legal and cultural requirements.

1. Parties: Identification of the service provider (marketing agency/consultant) and the client company, including their legal details and addresses

2. Background: Context of the agreement, business objectives, and general intent of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including technical marketing terms

4. Scope of Services: Detailed description of marketing services to be provided, including specific campaigns, channels, and deliverables

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

7. Performance Metrics: Key performance indicators (KPIs) and measurement criteria for marketing activities

8. Approvals and Review Process: Process for client approval of marketing materials and campaigns

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, campaigns, and creative works

10. Confidentiality: Protection of confidential information and trade secrets

11. Compliance with Laws: Obligation to comply with Indonesian marketing, advertising, and consumer protection laws

12. Data Protection: Handling of personal data in accordance with Indonesian data protection regulations

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

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

15. Force Majeure: Provisions for unforeseen circumstances affecting performance

16. Governing Law and Dispute Resolution: Application of Indonesian law and dispute resolution mechanisms

17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment