Endorsement Agreement for Indonesia

Endorsement Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes and regulates the relationship between a brand/company and an endorser (celebrity, influencer, or public figure) for promotional activities. The document outlines the terms and conditions of the endorsement relationship, including scope of services, compensation, usage rights, exclusivity provisions, and compliance requirements with Indonesian advertising and consumer protection laws. It incorporates specific provisions required under Indonesian civil law and regulatory framework, particularly addressing the requirements of Law No. 8 of 1999 on Consumer Protection and the Indonesian Advertising Ethics Code.

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What is a Endorsement Agreement?

The Endorsement Agreement serves as a crucial legal instrument in Indonesia's marketing and advertising landscape, establishing the framework for collaboration between brands and public figures for promotional purposes. This document becomes necessary when a company wishes to engage a celebrity, influencer, or other public figure to promote their products or services in Indonesia. It addresses key aspects such as scope of endorsement, compensation, exclusivity, and compliance with Indonesian regulations, including the Civil Code, Consumer Protection Law, and Advertising Ethics Code. The agreement protects both parties' interests while ensuring adherence to local legal requirements, particularly regarding truthful advertising claims and consumer protection. It's especially relevant given the growing influence of social media marketing and the increasing scrutiny of endorsement practices by Indonesian regulatory authorities.

What sections should be included in a Endorsement Agreement?

1. Parties: Identification of the parties entering into the agreement, including the brand owner/company and the endorser

2. Background: Context of the agreement and brief description of the parties' intention to enter into an endorsement relationship

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

4. Scope of Services: Detailed description of endorsement services, including specific deliverables, platforms, and promotional activities

5. Term and Territory: Duration of the agreement and geographical scope of the endorsement

6. Compensation: Payment terms, including fees, royalties, and payment schedule

7. Approval Rights: Process for approving endorsement content and usage of endorser's image/likeness

8. Exclusivity: Restrictions on endorser's ability to promote competing products/services

9. Intellectual Property Rights: Ownership and usage rights of content, trademarks, and other IP

10. Compliance Requirements: Obligations to comply with laws, regulations, and ethical guidelines

11. Representations and Warranties: Parties' assertions about their capacity and authority to enter agreement

12. Termination: Conditions and process for ending the agreement

13. Confidentiality: Protection of confidential information shared during the engagement

14. Dispute Resolution: Process for resolving disputes under Indonesian law

15. General Provisions: Standard contractual provisions including notices, amendments, and governing law

What sections are optional to include in a Endorsement Agreement?

1. Morality Clause: Specific behavioral requirements and consequences for misconduct, typically used for high-profile endorsers

2. Social Media Guidelines: Detailed rules for social media posts and engagement, necessary for digital influencer agreements

3. Performance Metrics: Specific KPIs and measurement criteria, used when compensation is tied to performance

4. Product Placement: Rules for integrating products into endorser's content or appearances

5. Travel and Expenses: Terms for reimbursement of travel and other expenses, needed for agreements requiring travel

6. Insurance Requirements: Specific insurance coverage requirements, typically for high-value or high-risk endorsements

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

8. Right of First Refusal: Option for brand to match competing offers after agreement expiration

What schedules should be included in a Endorsement Agreement?

1. Schedule A - Compensation Details: Detailed breakdown of fees, payment schedule, and any performance-based bonuses

2. Schedule B - Service Specifications: Detailed requirements for endorsement activities, including number and type of posts/appearances

3. Schedule C - Brand Guidelines: Specific requirements for brand representation and usage

4. Schedule D - Approved Products/Services: List of specific products or services covered by the endorsement

5. Schedule E - Content Calendar: Timeline and scheduling of endorsement activities and deliverables

6. Appendix 1 - Approved Social Media Platforms: List of platforms where endorser is authorized to post content

7. Appendix 2 - Compliance Checklist: Specific regulatory requirements and guidelines that must be followed

8. Appendix 3 - Approval Process Workflow: Detailed steps for content approval and revision process

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Consumer Goods

Fashion and Apparel

Beauty and Cosmetics

Food and Beverage

Technology

Entertainment

Sports

Healthcare and Wellness

Financial Services

Automotive

Telecommunications

Travel and Hospitality

E-commerce

Education

Gaming

Relevant Teams

Legal

Marketing

Brand Management

Public Relations

Digital Marketing

Compliance

Social Media

Business Development

Talent Management

Contract Administration

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Legal Counsel

Compliance Officer

Talent Manager

Social Media Manager

Public Relations Manager

Digital Marketing Manager

Contracts Manager

Business Development Manager

Celebrity Relations Manager

Influencer Marketing Specialist

Marketing Compliance Officer

Brand Partnership 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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