The Freelance Marketing Contract is designed for businesses operating in Malaysia who wish to engage marketing professionals on a freelance basis. This document is essential when establishing a formal relationship with external marketing expertise while maintaining flexibility in engagement terms. It complies with Malaysian contract law, including the Contracts Act 1950 and relevant commercial regulations, while addressing specific aspects of marketing services such as intellectual property rights, data protection, and performance metrics. The contract is particularly valuable in today's digital age where companies increasingly rely on specialized freelance marketing talent for specific campaigns, digital marketing initiatives, or ongoing marketing support without the commitment of full-time employment.
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1. Parties: Identification of the client and the freelance marketing professional, including full legal names, registration numbers (if applicable), and principal places of business
2. Background: Context of the agreement, including the client's business nature and need for marketing services
3. Definitions: Key terms used throughout the agreement, including specific marketing terminology
4. Scope of Services: Detailed description of marketing services to be provided, including specific deliverables and responsibilities
5. Term and Timeline: Duration of the agreement and key project milestones
6. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures
7. Rights and Obligations: Specific duties and responsibilities of both parties
8. Intellectual Property Rights: Ownership and usage rights of marketing materials, content, and creative works
9. Confidentiality: Protection of sensitive business information and trade secrets
10. Performance Standards: Quality expectations and acceptance criteria for deliverables
11. Termination: Conditions and procedures for ending the agreement
12. Dispute Resolution: Process for handling disagreements and jurisdictional matters
13. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Data Protection and Privacy: Required when the marketing services involve handling personal data or customer information
2. Social Media Management: Specific terms for social media account access, posting rights, and content management
3. Non-Compete: Restrictions on working with competing businesses, if required by the client
4. Equipment and Resources: Terms regarding use of client-provided tools, software, or resources
5. Subcontracting: Terms allowing or restricting the freelancer's right to subcontract certain services
6. Insurance: Requirements for professional indemnity or other relevant insurance coverage
7. Performance Metrics: Specific KPIs and measurement criteria for marketing campaigns
8. Client Responsibilities: Detailed section on client's obligations when significant client input or resources are required
1. Schedule A - Scope of Work: Detailed breakdown of specific marketing services, deliverables, and timelines
2. Schedule B - Fee Schedule: Comprehensive breakdown of fees, payment milestones, and expense categories
3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and quality standards
4. Schedule D - Approved Marketing Channels: List of authorized marketing platforms and channels
5. Schedule E - Brand Guidelines: Client's branding requirements and style guide
6. Appendix 1 - Contact Details: Key contact persons and communication protocols
7. Appendix 2 - Reporting Templates: Standard formats for marketing performance reports and updates
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