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Marketing Partnership Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes and regulates a marketing partnership between two or more parties. The document outlines the terms and conditions for collaborative marketing activities, including rights, obligations, compensation structures, and performance metrics. It incorporates specific requirements under Indonesian regulations, including consumer protection laws, digital transaction regulations, and data privacy requirements. The agreement addresses both traditional and digital marketing channels while ensuring compliance with local advertising standards and halal requirements where applicable.

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What is a Marketing Partnership Agreement?

The Marketing Partnership Agreement serves as a crucial legal framework for businesses seeking to establish collaborative marketing arrangements in Indonesia. This document is essential when two or more parties wish to combine their marketing resources, expertise, or market presence to achieve mutual business objectives. It addresses key aspects such as marketing scope, revenue sharing, brand usage rights, and performance metrics, while ensuring compliance with Indonesian regulations including Law No. 8 of 1999 on Consumer Protection and Law No. 19 of 2016 on Electronic Information and Transactions. The agreement is particularly relevant in today's digital age where cross-company marketing collaborations are increasingly common and complex, requiring clear guidelines for both traditional and digital marketing activities.

What sections should be included in a Marketing Partnership Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Partnership: Detailed outline of the marketing partnership's scope and objectives

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

6. Marketing Rights and Obligations: Specific rights granted and obligations of each party in the marketing partnership

7. Compensation and Payment Terms: Financial terms, including fees, commission structures, and payment schedules

8. Performance Metrics: Key performance indicators and evaluation criteria

9. Intellectual Property Rights: Protection and usage rights of trademarks, logos, and marketing materials

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection and Privacy: Compliance with Indonesian data protection laws and handling of customer data

12. Representations and Warranties: Legal guarantees and assurances made by each party

13. Termination: Conditions and procedures for ending the agreement

14. Dispute Resolution: Procedures for resolving conflicts under Indonesian law

15. General Provisions: Standard legal clauses including notices, amendments, and governing law

What sections are optional to include in a Marketing Partnership Agreement?

1. Digital Marketing Provisions: Specific terms for digital marketing activities, required if the partnership includes online marketing

2. Social Media Management: Terms governing social media activities and responsibilities, needed if social media marketing is included

3. Content Creation and Approval: Procedures for creating and approving marketing content, relevant for partnerships involving content creation

4. Territory and Exclusivity: Geographic limitations and exclusivity terms, needed if the partnership is territory-specific or exclusive

5. Marketing Budget: Terms regarding marketing budget allocation and management, needed if shared budget is involved

6. Third-Party Relationships: Terms governing engagement with third-party vendors or suppliers, relevant if subcontractors are involved

7. Halal Compliance: Specific provisions for ensuring marketing complies with halal requirements, needed for products/services requiring halal certification

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term partnerships

9. Insurance Requirements: Specific insurance obligations, needed for high-value or high-risk marketing activities

What schedules should be included in a Marketing Partnership Agreement?

1. Schedule A - Marketing Services: Detailed description of marketing services to be provided

2. Schedule B - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule C - Performance Metrics: Specific KPIs and performance evaluation criteria

4. Schedule D - Brand Guidelines: Guidelines for brand usage and marketing material specifications

5. Schedule E - Approved Marketing Channels: List of approved marketing channels and platforms

6. Schedule F - Reporting Requirements: Templates and requirements for regular reporting

7. Schedule G - Territory Map: Geographic territory definitions if applicable

8. Appendix 1 - Contact Details: Key contact information for both parties

9. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Cost

Free to use

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