The Marketing Contract serves as a crucial legal framework for businesses engaging marketing services in Indonesia. It is typically used when a company wishes to formally engage a marketing agency, consultant, or service provider for promotional activities, advertising campaigns, or comprehensive marketing services. The document addresses key aspects required under Indonesian law, including compliance with local advertising regulations, data protection requirements, and consumer protection laws. It provides detailed terms for service delivery, payment structures, and performance expectations while incorporating necessary safeguards for both parties. This contract type is particularly important in the Indonesian market, where specific regulations govern marketing practices, electronic transactions, and the use of personal data in marketing activities. The agreement can be customized for various marketing services, from traditional advertising to digital marketing campaigns, while maintaining compliance with Indonesian legal requirements.
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1. Parties: Identification of the service provider (marketing agency/consultant) and the client
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including marketing-specific terminology
4. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Payment Terms: Fee structure, payment schedule, and invoicing procedures
7. Obligations of Service Provider: Marketing agency's responsibilities and service delivery commitments
8. Client Obligations: Client's responsibilities, including provision of materials and approvals
9. Intellectual Property Rights: Ownership and usage rights of marketing materials and content
10. Compliance with Laws: Commitment to comply with Indonesian advertising and marketing regulations
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Indonesian data protection laws and data handling procedures
13. Warranties and Indemnities: Guarantees regarding service quality and indemnification provisions
14. Dispute Resolution: Process for resolving disputes under Indonesian law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when quantifiable metrics are part of the agreement
2. Third-Party Vendors: Terms regarding engagement of subcontractors or third-party service providers - include when external vendors will be involved
3. Social Media Management: Specific terms for social media marketing services - include when social media management is part of the scope
4. Content Creation Rights: Detailed provisions for content creation and ownership - include for content-heavy marketing campaigns
5. Budget Management: Terms for handling marketing budgets and expenses - include when agency manages client's marketing budget
6. Crisis Management: Procedures for handling marketing-related crises - include for high-profile or sensitive marketing campaigns
7. Territory Rights: Geographical limitations and territory-specific terms - include for regional or multi-location campaigns
1. Schedule A - Service Specifications: Detailed breakdown of marketing services and deliverables
2. Schedule B - Fee Schedule: Comprehensive fee structure, rates, and payment terms
3. Schedule C - Campaign Timeline: Project timeline and milestone dates for marketing campaigns
4. Schedule D - Brand Guidelines: Client's branding requirements and guidelines
5. Schedule E - Approved Subcontractors: List of pre-approved third-party vendors and subcontractors
6. Appendix 1 - Reporting Templates: Standard templates for marketing performance reports
7. Appendix 2 - Compliance Checklist: Checklist of Indonesian advertising and marketing regulations
8. Appendix 3 - Data Processing Agreement: Specific terms for handling personal data in compliance with Indonesian law
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