The Marketing Retainer Contract is essential for businesses seeking to establish a continuous, structured relationship with a marketing agency in Malaysia. This document is typically used when a company requires regular, ongoing marketing services rather than project-based work. It provides a framework for consistent service delivery while ensuring compliance with Malaysian legislation, including the Contracts Act 1950, Communications and Multimedia Act 1998, and relevant advertising regulations. The agreement covers crucial aspects such as service scope, retainer fees, performance metrics, intellectual property rights, and confidentiality provisions, while accommodating both traditional and digital marketing services. It's particularly valuable for businesses wanting to maintain a steady marketing presence while having predictable costs and resource allocation.
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1. Parties: Identification of the marketing agency and the client, including full legal names and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Retainer Fee', etc.
4. Scope of Services: Detailed description of the marketing services covered under the retainer
5. Retainer Terms: Structure of the retainer arrangement, including minimum commitment period and service hours
6. Fees and Payment: Retainer fee amount, payment schedule, and handling of additional services beyond the retainer scope
7. Service Delivery and Approval: Process for delivery of services, client approval procedures, and revision protocols
8. Client Obligations: Client's responsibilities including providing materials, information, and timely feedback
9. Intellectual Property Rights: Ownership and licensing of marketing materials and deliverables
10. Confidentiality: Protection of confidential information exchanged during the service relationship
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Limitation of Liability: Extent and limitations of each party's liability under the agreement
13. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Digital Marketing Services: Specific provisions for digital marketing activities, including social media management and online advertising
2. Content Creation Rights: Detailed provisions for content creation, ownership, and usage rights when content creation is a significant part of services
3. Performance Metrics: KPIs and performance measurement criteria when specific targets are part of the arrangement
4. Third-Party Platforms: Terms regarding the use of third-party marketing platforms and tools
5. Data Protection: Enhanced data protection provisions when handling significant customer data
6. International Marketing: Additional provisions for cross-border marketing activities
7. Crisis Management: Procedures for handling marketing-related crisis situations
8. Non-Compete: Restrictions on working with competing clients, if applicable
1. Schedule 1: Scope of Services: Detailed breakdown of marketing services included in the retainer
2. Schedule 2: Fee Structure: Detailed fee breakdown, including hourly rates for additional services
3. Schedule 3: Service Level Agreement: Response times, delivery timeframes, and quality standards
4. Schedule 4: Key Personnel: List of key team members assigned to the client's account
5. Schedule 5: Reporting Templates: Standard formats for marketing performance reports
6. Schedule 6: Brand Guidelines: Client's branding requirements and guidelines
7. Appendix A: Approval Process: Flowchart or detailed description of the approval process for deliverables
8. Appendix B: Tools and Platforms: List of marketing tools and platforms to be used in service delivery
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