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Marketing Consultant Contract Template for Malaysia

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Key Requirements PROMPT example:

Marketing Consultant Contract

"I need a Marketing Consultant Contract for engaging a digital marketing specialist to manage our e-commerce company's social media presence and online advertising campaigns in Malaysia, with special attention to data privacy and performance metrics."

Document background
The Marketing Consultant Contract is essential for businesses in Malaysia seeking to engage external marketing expertise while maintaining clear professional boundaries and expectations. This document is typically used when a company requires specialized marketing services but prefers not to hire full-time employees for the role. The agreement, governed by Malaysian law, includes comprehensive details about service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations. It ensures compliance with local regulations while protecting both parties' interests in the consulting relationship. The contract is particularly relevant in today's digital age where businesses increasingly rely on external marketing expertise for growth and market presence.
Suggested Sections

1. Parties: Identification of the company and marketing consultant, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing consultancy arrangement

3. Definitions: Key terms used throughout the agreement including Services, Deliverables, Intellectual Property Rights, Confidential Information

4. Appointment and Term: Formal appointment of consultant, term of engagement, and renewal provisions

5. Scope of Services: Detailed description of marketing services to be provided, including specific responsibilities and deliverables

6. Consultant's Obligations: Key responsibilities, professional standards, compliance requirements, and service delivery commitments

7. Client's Obligations: Client's responsibilities including providing necessary information, materials, and access

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and licensing of marketing materials, content, and deliverables created during the engagement

10. Confidentiality: Protection of confidential information, trade secrets, and client data

11. Data Protection: Compliance with PDPA 2010 and handling of personal data in marketing activities

12. Non-Compete and Non-Solicitation: Restrictions on competitive activities and solicitation of clients/employees

13. Termination: Grounds for termination, notice periods, and consequences of termination

14. General Provisions: Standard clauses including notices, entire agreement, governing law, and dispute resolution

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the engagement is results-based

2. International Services: Additional provisions for cross-border services - include when consultant provides services internationally

3. Social Media Management: Specific terms for social media account management and content - include when social media is a key service component

4. Compliance with Industry Standards: Specific industry compliance requirements - include for regulated industries

5. Sub-contractors: Terms governing the use of sub-contractors - include if consultant may need to engage third parties

6. Insurance: Professional indemnity and other insurance requirements - include for high-value or high-risk engagements

7. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical service arrangements

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics

4. Schedule 4 - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

5. Schedule 5 - Client Materials and Resources: List of materials, access, and resources to be provided by the client

6. Appendix A - Reporting Templates: Standard templates for progress reports and performance tracking

7. Appendix B - Compliance Checklist: Marketing compliance requirements and guidelines

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

E-commerce

Technology

Financial Services

Healthcare

Education

Manufacturing

Food and Beverage

Real Estate

Professional Services

Tourism and Hospitality

Consumer Goods

Entertainment and Media

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Business Development

Communications

Digital

Brand Management

Operations

Finance

Compliance

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Development Manager

Marketing Manager

Brand Manager

Digital Marketing Specialist

Content Strategist

Social Media Manager

Marketing Consultant

Communications Director

Legal Counsel

Procurement Manager

Contract Administrator

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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