Sales And Marketing Agreement Template for Indonesia

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Key Requirements PROMPT example:

Sales And Marketing Agreement

"I need a Sales and Marketing Agreement governed by Indonesian law for my tech startup hiring a digital marketing agency to handle our social media marketing and online sales campaigns, with specific provisions for performance metrics and data protection."

Document background
The Sales and Marketing Agreement is a crucial document for businesses operating in Indonesia who wish to engage external expertise for their marketing and sales activities. This agreement is particularly relevant in today's dynamic business environment where companies increasingly rely on specialized marketing agencies or sales representatives to enhance their market presence. The document is structured to comply with Indonesian legal requirements, including the Civil Code (KUHPer), Consumer Protection Law (UU No. 8/1999), and relevant marketing regulations. It provides a framework for defining service scope, establishing performance metrics, protecting intellectual property, and ensuring compliance with local advertising and consumer protection laws. The agreement is especially important for businesses expanding their market presence in Indonesia or those seeking to formalize their marketing service relationships.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Defines the nature of the appointment and scope of services

5. Term and Termination: Specifies the duration of the agreement and termination provisions

6. Obligations of Service Provider: Details the responsibilities and duties of the marketing/sales service provider

7. Client Obligations: Outlines the responsibilities and commitments of the client

8. Compensation and Payment Terms: Specifies fees, commissions, and payment arrangements

9. Intellectual Property Rights: Addresses ownership and usage rights of marketing materials and branded content

10. Confidentiality: Provisions for handling confidential information

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

12. Indemnification: Mutual indemnification provisions

13. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Non-Competition: Restrictions on working with competitors, used when sensitive market information is involved

2. Performance Metrics: Specific KPIs and performance standards, used when quantifiable targets are part of the agreement

3. Territory Restrictions: Geographical limitations on sales/marketing activities, used for territory-specific arrangements

4. Sub-contracting: Rules for engaging third parties, used when sub-contractors may be needed

5. Data Protection: Specific provisions for handling personal data, used when marketing involves customer data collection

6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

7. Insurance Requirements: Specific insurance obligations, used for high-value or high-risk arrangements

8. Marketing Materials Approval Process: Detailed procedures for approving marketing materials, used when strict brand control is required

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of marketing and sales services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures

3. Schedule 3 - Territory Definition: Specific geographical areas covered by the agreement

4. Schedule 4 - Performance Targets: Detailed KPIs and performance metrics

5. Schedule 5 - Approved Marketing Materials: List of pre-approved marketing materials and templates

6. Schedule 6 - Brand Guidelines: Client's branding requirements and usage guidelines

7. Appendix A - Report Templates: Standard templates for performance and activity reporting

8. Appendix B - Contact Details: Key contact information for both parties

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

Retail

E-commerce

Consumer Goods

Technology

Manufacturing

Professional Services

Food and Beverage

Healthcare

Financial Services

Real Estate

Telecommunications

Automotive

Education

Entertainment

Tourism and Hospitality

Relevant Teams

Legal

Marketing

Sales

Business Development

Commercial

Procurement

Operations

Finance

Compliance

Brand Management

Relevant Roles

Chief Marketing Officer

Sales Director

Marketing Manager

Business Development Manager

Brand Manager

Commercial Director

Marketing Director

Sales Manager

Contract Manager

Legal Counsel

Procurement Manager

Account Manager

Marketing Operations Manager

Digital Marketing Manager

Regional Sales Director

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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