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Marketing Rights Agreement

Marketing Rights Agreement Template for Indonesia

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Key Requirements PROMPT example:

Marketing Rights Agreement

"I need a Marketing Rights Agreement for my tech startup to grant exclusive digital marketing rights to a marketing agency in Indonesia for our mobile app, starting January 2025, with specific provisions for social media marketing and performance-based compensation."

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Document background
A Marketing Rights Agreement is essential for businesses operating in Indonesia who wish to formally delegate or acquire marketing rights for products, services, or brands. This document is particularly relevant in the Indonesian market context, where specific regulations govern marketing activities, including Law No. 8 of 1999 on Consumer Protection and Law No. 32 of 2002 on Broadcasting. The agreement typically covers various aspects such as territorial rights, approved marketing channels, compliance with local regulations, and performance requirements. It's commonly used when companies want to expand their market presence through third-party marketing entities or when establishing strategic marketing partnerships. The document must comply with Indonesian civil law principles and address specific local requirements regarding advertising standards, data protection, and digital marketing regulations.
Suggested Sections

1. Parties: Identification and details of the contracting parties - rights holder and marketing rights recipient

2. Background: Context of the agreement, including brief description of the business relationship and purpose

3. Definitions: Definitions of key terms used throughout the agreement, including Territory, Marketing Materials, Products/Services

4. Grant of Rights: Specific marketing rights being granted, including scope, territory, and duration

5. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

6. Marketing Obligations: Rights recipient's obligations regarding marketing activities, minimum requirements, and standards

7. Approval Process: Procedures for obtaining approval for marketing materials and campaigns

8. Intellectual Property Rights: Protection and usage of trademarks, copyrights, and other IP in marketing activities

9. Compliance: Obligations to comply with applicable laws, regulations, and industry standards

10. Reporting and Performance: Requirements for reporting marketing activities and measuring performance

11. Financial Terms: Payment terms, fees, or revenue sharing arrangements

12. Representations and Warranties: Standard representations and warranties from both parties

13. Confidentiality: Protection of confidential information exchanged during the relationship

14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. Exclusivity: Terms of exclusive marketing rights, if applicable

2. Digital Marketing Rights: Specific provisions for digital and social media marketing, if included

3. Sub-licensing: Rights and conditions for sub-licensing marketing rights to third parties

4. Minimum Performance Requirements: Specific performance targets or minimum marketing spend requirements

5. Co-branding Rights: Terms for co-branding arrangements and brand association

6. Data Protection: Specific provisions for handling customer data in marketing activities

7. Force Majeure: Provisions for unforeseen circumstances affecting marketing activities

8. Insurance: Requirements for insurance coverage related to marketing activities

Suggested Schedules

1. Schedule 1 - Marketing Territory: Detailed description of geographical areas covered by the marketing rights

2. Schedule 2 - Approved Marketing Materials: List of pre-approved marketing materials and templates

3. Schedule 3 - Brand Guidelines: Detailed brand usage guidelines and requirements

4. Schedule 4 - Fee Structure: Detailed breakdown of fees, commissions, or revenue sharing arrangements

5. Schedule 5 - Performance Metrics: Specific KPIs and performance measurement criteria

6. Schedule 6 - Approval Process Flowchart: Detailed workflow for marketing materials approval

7. Appendix A - Sample Report Templates: Templates for required marketing activity reports

8. Appendix B - Contact Details: Key contact persons for both parties for various functions

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Territory
Marketing Rights
Marketing Materials
Products
Services
Brand
Brand Guidelines
Intellectual Property Rights
Trademarks
Marketing Channels
Digital Platforms
Social Media
Confidential Information
Effective Date
Initial Term
Renewal Term
Force Majeure Event
Applicable Laws
Approval Process
Marketing Plan
Campaign
Performance Metrics
Revenue
Net Sales
Marketing Fee
Commission
Quarter
Year
Business Day
Affiliate
Competitor
Customer Data
Personal Data
Marketing Budget
Target Market
Market Research
Commercial Purpose
Advertising Standards
Quality Standards
Licensed Materials
Background IP
Developed IP
Marketing Reports
Key Performance Indicators
Marketing Channels
Distribution Network
Social Media Platforms
Digital Content
Traditional Media
Agency
Sub-contractor
Authorized Representative
Clauses
Definitions
Grant of Rights
Territory
Exclusivity
Term and Duration
Marketing Obligations
Approval Rights
Quality Control
Performance Requirements
Fees and Payment
Intellectual Property
Brand Usage
Confidentiality
Data Protection
Compliance
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Sub-contracting
Notice
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Waiver
Third Party Rights
Anti-Corruption
Reporting
Audit Rights
Insurance
Competition
Relevant Industries

Retail

Consumer Goods

Entertainment

Media

Technology

Sports

Fashion

Food and Beverage

Telecommunications

E-commerce

Healthcare

Education

Financial Services

Hospitality

Automotive

Relevant Teams

Legal

Marketing

Business Development

Commercial

Compliance

Brand Management

Digital Marketing

Operations

Partnership Management

Contract Administration

Relevant Roles

Marketing Director

Chief Marketing Officer

Business Development Manager

Legal Counsel

Commercial Director

Brand Manager

Licensing Manager

Marketing Rights Manager

Contract Administrator

Compliance Officer

Marketing Operations Manager

Partnership Manager

Digital Marketing Manager

Regional Marketing Director

Chief Commercial Officer

Industries
Indonesian Civil Code (KUH Perdata): Provides the fundamental legal framework for contracts, including formation, validity requirements, and contractual obligations
Law No. 20 of 2016 on Trademarks and Geographical Indications: Governs the protection and use of trademarks in marketing materials and promotional activities
Law No. 28 of 2014 on Copyright: Regulates the protection of creative works used in marketing campaigns and materials
Law No. 8 of 1999 on Consumer Protection: Ensures marketing practices comply with consumer protection requirements and fair business practices
Law No. 32 of 2002 on Broadcasting: Regulates advertising and marketing content in broadcast media
Law No. 19 of 2016 on Electronic Information and Transactions: Governs digital marketing activities and electronic transactions
Government Regulation No. 71 of 2019 on Electronic Systems and Transactions: Provides detailed regulations for online marketing and e-commerce activities
Law No. 27 of 2022 on Personal Data Protection: Regulates the collection, use, and protection of personal data in marketing activities
Regulation No. 5 of 2019 on Advertising Practice and Code of Ethics: Sets standards and ethical guidelines for advertising and marketing practices
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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