Digital Advertising Contracts are essential legal instruments used to formalize relationships between advertising service providers and businesses seeking to promote their products or services through digital channels in Malaysia. This document type is particularly relevant in today's digital-first marketplace, where companies increasingly rely on online advertising channels. The contract addresses key aspects required under Malaysian law, including compliance with the Personal Data Protection Act 2010, Communications and Multimedia Act 1998, and relevant advertising standards. It typically covers campaign specifications, performance metrics, data handling procedures, payment terms, and intellectual property rights. The agreement is designed to protect both parties' interests while ensuring compliance with Malaysian digital advertising regulations and industry standards.
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1. Parties: Identification of the advertising service provider and the client, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, brief description of the parties' business relationship and purpose of the digital advertising services
3. Definitions: Detailed definitions of key terms used throughout the contract, including technical advertising terms, metrics, and platform-specific terminology
4. Scope of Services: Detailed description of digital advertising services to be provided, including types of ads, platforms, and campaigns
5. Campaign Parameters: Specific details about advertising campaigns, including duration, target audience, geographic scope, and platforms
6. Performance Metrics: Definition of KPIs, measurement methods, and reporting requirements
7. Payment Terms: Fees, payment schedule, billing procedures, and any performance-based pricing models
8. Intellectual Property Rights: Ownership and usage rights for creative materials, ad content, and campaign data
9. Data Protection and Privacy: Compliance with PDPA and data protection requirements, including data handling procedures
10. Confidentiality: Protection of confidential information shared during the campaign
11. Term and Termination: Duration of the agreement and conditions for termination
12. Warranties and Indemnities: Representations about service quality and indemnification provisions
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Agency Appointments: Used when the advertising provider is appointed as an official agency of record
2. Technology Integration: Include when specific technical integrations or API connections are required
3. Content Creation Services: Required if the agreement includes creative services beyond media buying
4. Social Media Management: Include when social media management is part of the services
5. Brand Safety Provisions: Additional provisions for premium brands requiring specific brand safety measures
6. Competitor Exclusivity: Used when client requires exclusivity within their industry segment
7. Performance Guarantees: Include when specific performance metrics are guaranteed with penalties
8. Crisis Management: Required for high-profile campaigns needing specific crisis response procedures
1. Schedule 1: Service Level Agreement: Detailed metrics and service levels for campaign management and reporting
2. Schedule 2: Fee Structure: Detailed breakdown of fees, commission structures, and payment terms
3. Schedule 3: Campaign Specifications: Technical specifications for advertisements and campaigns
4. Schedule 4: Approved Advertising Platforms: List of approved platforms and any platform-specific requirements
5. Schedule 5: Reporting Ƶ: Standard formats for campaign performance reports
6. Appendix A: Creative Guidelines: Brand guidelines and creative specifications
7. Appendix B: Data Processing Agreement: Detailed procedures for handling personal data in compliance with PDPA
8. Appendix C: Emergency Contact Protocol: Contact details and procedures for urgent campaign issues
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