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Exclusive Marketing Agreement
"I need an Exclusive Marketing Agreement for my Indonesian technology company, appointing a local marketing agency as our sole marketing partner for Java and Sumatra regions, with a focus on digital marketing services and social media management starting March 2025."
1. Parties: Identification of the principal company and the marketing agent/agency
2. Background: Context of the agreement and brief description of both parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Formal appointment of marketing agent and detailed scope of marketing services
5. Exclusivity: Terms of exclusive arrangement including territorial and product/service scope
6. Duration and Renewal: Term of agreement, renewal conditions, and notice periods
7. Marketing Obligations: Detailed responsibilities and commitments of the marketing agent
8. Principal's Obligations: Support, resources, and information to be provided by the principal
9. Compensation: Fee structure, payment terms, and commission calculations
10. Intellectual Property: Usage rights and protection of trademarks, logos, and marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Performance Metrics: Key performance indicators and evaluation criteria
13. Termination: Grounds for termination and consequences
14. Post-Termination Obligations: Obligations of both parties after agreement ends
15. Governing Law: Specification of Indonesian law as governing law
16. Dispute Resolution: Process for resolving disputes under Indonesian jurisdiction
1. Non-Competition: Restrictions on competing activities, used when there's risk of competitive conflict
2. Insurance: Insurance requirements, included when marketing activities involve significant risks
3. Data Protection: Specific provisions for handling customer data, required if personal data processing is involved
4. Social Media Management: Specific terms for social media marketing, included if social media is a key marketing channel
5. Subcontracting: Terms for engaging subcontractors, included if subcontracting is permitted
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets
7. Compliance with Marketing Laws: Specific compliance obligations, included when marketing regulated products/services
8. Training and Support: Details of training provided, included when complex products/services are involved
1. Schedule A - Marketing Territory: Detailed description of geographic areas covered by the agreement
2. Schedule B - Products/Services: Comprehensive list of products/services to be marketed
3. Schedule C - Commission Structure: Detailed breakdown of commission rates and calculation methods
4. Schedule D - Marketing Plan: Initial marketing strategy and planned activities
5. Schedule E - Performance Targets: Specific KPIs and targets for evaluation
6. Schedule F - Approved Marketing Materials: List of pre-approved marketing materials and templates
7. Schedule G - Reporting Requirements: Format and frequency of required marketing reports
8. Appendix 1 - Brand Guidelines: Principal's branding requirements and usage guidelines
Authors
Affiliate
Approved Marketing Materials
Business Day
Commencement Date
Confidential Information
Effective Date
Exclusive Territory
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Plan
Marketing Services
Net Sales
Performance Targets
Principal
Principal's Products
Principal's Marks
Marketing Agent
Marketing Materials
Quarter
Renewal Term
Reports
Revenue
Services
Social Media Accounts
Target Market
Term
Territory
Trade Secrets
Working Hours
Year
Commission
Base Fee
Marketing Budget
Competitive Products
Customer
Digital Marketing Services
Marketing Channels
Exclusivity
Territory
Term and Duration
Marketing Services
Performance Obligations
Commission and Fees
Payment Terms
Reporting Requirements
Marketing Materials
Intellectual Property
Confidentiality
Non-Competition
Representations and Warranties
Principal's Obligations
Marketing Agent's Obligations
Compliance
Record Keeping
Audit Rights
Termination
Force Majeure
Assignment
Indemnification
Insurance
Dispute Resolution
Governing Law
Notices
Amendment
Entire Agreement
Severability
Data Protection
Brand Guidelines
Social Media
Marketing Standards
Performance Review
Subcontracting
Training and Support
Post-Termination Obligations
Anti-Bribery and Corruption
Relationship of Parties
Retail
Consumer Goods
Technology
Manufacturing
Healthcare
Food and Beverage
Fashion and Apparel
Automotive
Electronics
Telecommunications
Financial Services
Real Estate
Education
Entertainment
Professional Services
Legal
Marketing
Business Development
Sales
Commercial
Compliance
Operations
Brand Management
Corporate Affairs
Contract Administration
Chief Marketing Officer
Marketing Director
Business Development Manager
Sales Director
Commercial Director
Legal Counsel
Contract Manager
Brand Manager
Regional Sales Manager
Marketing Operations Manager
Agency Relations Manager
Partnership Manager
Compliance Officer
General Manager
Country Manager
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