The Influencer Partnership Agreement serves as a crucial legal framework for businesses engaging with social media influencers in the Malaysian market. This document has become increasingly important with the rise of social media marketing and the need for clear, legally-binding arrangements between brands and content creators. It is designed to comply with Malaysian legislation, including the Communications and Multimedia Act 1998, Personal Data Protection Act 2010, and relevant advertising regulations. The agreement typically covers content creation requirements, posting schedules, compensation terms, intellectual property rights, and compliance obligations. It's particularly relevant for businesses looking to establish professional relationships with influencers while protecting their brand interests and ensuring regulatory compliance in the digital marketing space.
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1. Parties: Identification of the brand/company and the influencer, including their legal details and contact information
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the influencer's obligations, deliverables, and content requirements
5. Content Guidelines: Specific requirements for content creation, brand messaging, and approval processes
6. Term and Timeline: Duration of the agreement and key delivery dates
7. Compensation: Payment terms, amounts, and conditions for payment
8. Intellectual Property Rights: Ownership and usage rights of created content and existing IP
9. Compliance Requirements: Adherence to advertising laws, disclosure requirements, and platform guidelines
10. Representations and Warranties: Guarantees made by both parties regarding their capacity and authority
11. Confidentiality: Protection of confidential information shared during the partnership
12. Data Protection: Compliance with PDPA and handling of personal data
13. Termination: Conditions and process for ending the agreement
14. Dispute Resolution: Process for resolving conflicts between parties
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Exclusivity: Restrictions on working with competing brands during the agreement term
2. International Promotion: Specific terms for content promotion in different countries
3. Performance Metrics: Detailed KPIs and measurement criteria for campaign success
4. Crisis Management: Procedures for handling negative publicity or social media crises
5. Content Usage Rights: Extended terms for content repurposing and usage duration
6. Platform-Specific Requirements: Special requirements for specific social media platforms
7. Regulated Industry Compliance: Additional compliance requirements for regulated industries like financial services or healthcare
1. Schedule 1: Content Deliverables: Detailed list of required content, formats, and posting schedule
2. Schedule 2: Payment Structure: Detailed breakdown of compensation, including base fees, bonuses, and payment milestones
3. Schedule 3: Brand Guidelines: Specific brand requirements, including tone of voice, visual guidelines, and prohibited content
4. Schedule 4: Reporting Requirements: Templates and specifications for performance reporting
5. Appendix A: Approved Platforms: List of social media platforms covered by the agreement
6. Appendix B: Disclosure Requirements: Specific language and format for advertising disclosures
7. Appendix C: Technical Requirements: Technical specifications for content delivery and format requirements
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