Agency Of Record Agreement Template for Indonesia

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Key Requirements PROMPT example:

Agency Of Record Agreement

"I need an Agency of Record Agreement under Indonesian law for appointing a digital-first advertising agency to handle our e-commerce company's media buying and social media management across Southeast Asia, with specific provisions for Halal product advertising compliance."

Document background
The Agency of Record Agreement is a critical document used when a company wishes to establish a formal, long-term relationship with an advertising agency for media planning, buying, and related services in Indonesia. This agreement is particularly important in the Indonesian market, where media buying processes and advertising regulations have specific local requirements and cultural considerations. The document typically includes detailed provisions for service scope, authorization levels, compensation structures, and compliance with Indonesian advertising laws and regulations. It's designed to protect both parties' interests while ensuring clear communication channels and accountability in media investment decisions. The agreement should comply with Indonesian Civil Code requirements and relevant advertising industry regulations, including the Advertising Ethics Code (EPI) and specific sector-based advertising restrictions.
Suggested Sections

1. Parties: Identifies the contracting parties - the Client and the Agency, including their complete legal names, registration numbers, and registered addresses as required under Indonesian law

2. Background: Provides context for the agreement and establishes the parties' intentions and qualifications

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Scope of Authority: Formally establishes the agency relationship and defines the extent of the agency's authority to act on behalf of the client

5. Services: Details the specific services to be provided by the agency, including media planning, buying, and management responsibilities

6. Term and Termination: Specifies the duration of the agreement and conditions for termination

7. Compensation and Payment Terms: Outlines the fee structure, payment schedules, and any commission arrangements

8. Media Buying Process: Details the procedures for media planning, buying, and client approval processes

9. Reporting and Performance Metrics: Specifies reporting requirements and key performance indicators

10. Intellectual Property Rights: Addresses ownership and usage rights of creative materials and campaign assets

11. Confidentiality: Protects confidential information exchanged during the relationship

12. Representations and Warranties: Contains standard warranties and representations from both parties

13. Liability and Indemnification: Outlines the liability limits and indemnification obligations

14. Force Majeure: Addresses unforeseen circumstances that may affect contract performance

15. Governing Law and Dispute Resolution: Specifies Indonesian law as governing law and outlines dispute resolution procedures

16. General Provisions: Contains standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Digital Media Services: Include when the agency will handle digital media buying and programmatic advertising

2. Creative Services: Include when the agency will provide creative development services in addition to media services

3. Social Media Management: Include when the scope includes social media platform management

4. Market Research and Analytics: Include when the agency will provide detailed market research and analytics services

5. International Media Buying: Include when the scope involves media buying in multiple countries

6. Content Creation and Management: Include when the agency will create and manage content

7. Crisis Management: Include when the agency will handle media communications during crisis situations

8. Compliance with Religious/Cultural Requirements: Include specific provisions for compliance with Indonesian religious and cultural norms in advertising

9. Data Protection and Privacy: Include detailed data protection provisions when handling sensitive customer data

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided by the agency

2. Schedule B - Fee Structure: Detailed fee calculations, commission rates, and payment terms

3. Schedule C - Key Personnel: List of key agency team members assigned to the account

4. Schedule D - Service Level Agreement: Specific performance metrics and service level requirements

5. Schedule E - Approved Media Vendors: List of pre-approved media vendors and platforms

6. Schedule F - Reporting Templates: Standard formats for regular reporting and performance updates

7. Schedule G - Client Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 1 - Authorization Matrix: Approval levels and authorities for different types of media purchases

9. Appendix 2 - Media Planning Calendar: Annual or quarterly media planning calendar

10. Appendix 3 - Compliance Checklist: Checklist of regulatory and compliance requirements under Indonesian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Advertising and Marketing

Media and Entertainment

Consumer Goods

Retail

Telecommunications

Banking and Financial Services

Automotive

Food and Beverage

Healthcare and Pharmaceuticals

Technology

Real Estate

Tourism and Hospitality

Education

E-commerce

Relevant Teams

Legal

Marketing

Procurement

Finance

Brand Management

Communications

Digital Marketing

Compliance

Business Development

Commercial Operations

Relevant Roles

Chief Marketing Officer

Marketing Director

Media Director

Procurement Manager

Legal Counsel

Brand Manager

Marketing Manager

Advertising Manager

Finance Director

Commercial Director

Business Development Manager

Communications Director

Digital Marketing Manager

Agency Relations Manager

Contract Manager

Compliance Officer

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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