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Marketing Partnership Agreement Template for Malaysia

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Key Requirements PROMPT example:

Marketing Partnership Agreement

"I need a Marketing Partnership Agreement between my e-commerce company and a social media influencer agency in Malaysia, with specific focus on content approval processes and revenue sharing for sponsored posts starting March 2025."

Document background
The Marketing Partnership Agreement is essential for businesses seeking to establish formal marketing collaborations in Malaysia. This document is particularly relevant when companies wish to combine their marketing efforts, share resources, or collaborate on promotional activities while maintaining clear boundaries and responsibilities. It ensures compliance with Malaysian legislation, including the Personal Data Protection Act 2010, Trade Descriptions Act 2011, and Consumer Protection Act 1999. The agreement typically covers aspects such as brand usage rights, marketing campaign approvals, revenue sharing arrangements, and data protection protocols. It's commonly used for various marketing initiatives including co-branding, joint promotions, digital marketing collaborations, and influencer marketing partnerships, with specific provisions tailored to the Malaysian market and regulatory environment.
Suggested Sections

1. Parties: Identification of the contracting parties with full legal names and registration details

2. Background: Context of the agreement and brief description of each party's business and objectives

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

4. Scope of Partnership: Detailed description of the marketing partnership arrangement and its objectives

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Marketing Obligations: Specific marketing responsibilities of each party

7. Approval Process: Process for reviewing and approving marketing materials and campaigns

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

9. Financial Terms: Payment terms, revenue sharing, and financial obligations

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

11. Data Protection: Compliance with Malaysian Personal Data Protection Act and data handling procedures

12. Representations and Warranties: Standard promises and guarantees made by each party

13. Limitation of Liability: Limits on parties' liability and indemnification provisions

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

Optional Sections

1. Marketing Budget: Detailed provisions about marketing spend and budget allocation - use when parties share marketing costs

2. Performance Metrics: Specific KPIs and performance measurement criteria - use when partnership includes performance-based elements

3. Territory Rights: Geographic limitations and territorial exclusivity - use for partnerships with territorial restrictions

4. Social Media Management: Specific provisions for social media marketing - use when partnership involves social media campaigns

5. Agency Appointments: Provisions for appointment of third-party agencies - use when external agencies will be involved

6. Content Creation: Specific provisions about content creation responsibilities - use when partnership involves significant content development

7. Compliance with Platform Policies: Specific requirements for different marketing platforms - use when partnership involves specific platform marketing

Suggested Schedules

1. Schedule 1 - Marketing Services: Detailed list of marketing services to be provided by each party

2. Schedule 2 - Brand Guidelines: Brand usage guidelines and requirements for both parties

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, commissions, or revenue sharing arrangements

4. Schedule 4 - Approval Matrix: Matrix showing approval requirements for different types of marketing activities

5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from each party

6. Appendix A - Marketing Calendar: Planned marketing activities and timeline

7. Appendix B - Technical Requirements: Technical specifications for digital marketing activities

8. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance measures

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

Consumer Goods

Technology

Entertainment

Fashion

Food & Beverage

Tourism

Financial Services

Telecommunications

Healthcare

Education

Automotive

Real Estate

Sports & Recreation

Relevant Teams

Legal

Marketing

Business Development

Compliance

Digital Marketing

Brand Management

Commercial Operations

Partnership Management

Marketing Operations

Strategic Planning

Relevant Roles

Marketing Director

Brand Manager

Partnership Manager

Business Development Manager

Legal Counsel

Commercial Manager

Digital Marketing Manager

Chief Marketing Officer

Compliance Officer

Marketing Operations Manager

Contract Manager

Account Director

Strategic Alliance Manager

Head of Partnerships

Marketing Compliance 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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