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Cooperative Marketing Agreement Template for Malaysia

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Key Requirements PROMPT example:

Cooperative Marketing Agreement

"I need a Cooperative Marketing Agreement for a collaboration between an e-commerce platform and a digital payments provider in Malaysia, focusing on joint digital marketing campaigns starting January 2025, with specific provisions for social media advertising and customer data sharing."

Document background
The Cooperative Marketing Agreement is essential for businesses seeking to establish formal marketing collaborations in Malaysia. This document is particularly useful when companies want to combine marketing resources, share costs, and leverage each other's market presence while maintaining brand integrity and legal compliance. It addresses key aspects required under Malaysian law, including competition regulations, consumer protection, and data privacy requirements. The agreement typically covers joint marketing campaigns, shared advertising costs, brand usage permissions, and approval procedures. It's commonly used for co-branded campaigns, joint promotions, shared advertising initiatives, and collaborative digital marketing efforts, providing a clear framework for marketing collaboration while ensuring compliance with Malaysian legal requirements.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement

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

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

4. Scope of Cooperation: Overview of the marketing collaboration and its objectives

5. Term and Termination: Duration of the agreement and termination provisions

6. Marketing Obligations: Specific marketing responsibilities of each party

7. Financial Terms: Cost sharing, payment terms, and financial responsibilities

8. Intellectual Property Rights: Usage rights and restrictions for brands, logos, and marketing materials

9. Approval Process: Procedures for reviewing and approving marketing materials

10. Confidentiality: Protection of confidential information shared during the collaboration

11. Compliance with Laws: Obligation to comply with Malaysian marketing and consumer protection laws

12. Representations and Warranties: Standard warranties about authority to enter agreement and marketing content

13. Limitation of Liability: Limitations on liability between parties

14. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Digital Marketing Provisions: Required when collaboration includes online marketing activities, covering social media, websites, and digital content

2. Data Protection and Privacy: Required when parties will collect or share customer data, ensuring PDPA compliance

3. Territory Restrictions: Include when marketing activities are limited to specific geographic areas

4. Non-Compete Provisions: Include when parties agree to restrictions on competing marketing activities

5. Marketing Performance Metrics: Include when specific KPIs or performance targets are part of the agreement

6. Third-Party Contractors: Required when external agencies or contractors will be involved in marketing activities

7. Force Majeure: Include for long-term agreements or when significant external risks exist

8. Dispute Resolution: Include detailed dispute resolution procedures for high-value or complex collaborations

Suggested Schedules

1. Marketing Plan: Detailed marketing strategy, campaigns, and timeline

2. Budget and Cost Allocation: Detailed breakdown of marketing expenses and cost-sharing arrangements

3. Brand Guidelines: Specific requirements for brand usage, logos, and marketing materials

4. Approved Marketing Materials: Examples or templates of pre-approved marketing content

5. Territory Map: If applicable, detailed map of approved marketing territories

6. Contact Details: List of key personnel responsible for marketing approval and coordination

7. KPI Metrics: Detailed performance indicators and measurement methodologies

8. Compliance Checklist: Checklist of regulatory requirements and compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




























Relevant Industries

Retail

Consumer Goods

Food and Beverage

Entertainment

Technology

Telecommunications

Financial Services

Healthcare

Hospitality

Travel and Tourism

Automotive

E-commerce

Media and Advertising

Relevant Teams

Marketing

Legal

Business Development

Commercial

Brand Management

Digital Marketing

Compliance

Corporate Communications

Media Relations

Partnerships

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Manager

Business Development Manager

Commercial Director

Legal Counsel

Compliance Officer

Digital Marketing Manager

Partnership Manager

Chief Commercial Officer

Marketing Coordinator

Brand Communications Manager

Media Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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