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Advertising Sales Agreement

Advertising Sales Agreement Template for South Africa

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Key Requirements PROMPT example:

Advertising Sales Agreement

"I need an Advertising Sales Agreement for a digital billboard advertising campaign in Johannesburg, where my company will be selling advertising space to multiple corporate clients starting from March 2025, with specific provisions for dynamic content changes and performance tracking."

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Document background
The Advertising Sales Agreement is essential for businesses engaging in advertising services within South Africa. It is designed to formalize the relationship between advertisers, media owners, and related parties while ensuring compliance with South African legislation including the Consumer Protection Act, POPIA, and ASA guidelines. This document is typically used when establishing ongoing advertising arrangements, campaign-specific agreements, or master service agreements for advertising services. It includes crucial elements such as service scope, pricing structures, performance metrics, content requirements, and compliance obligations. The agreement addresses both traditional and digital advertising channels, making it adaptable to various media formats while maintaining alignment with South African legal requirements and industry standards.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement, including registered addresses and company registration numbers

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Scope of Services: Detailed description of advertising services to be provided, including types of advertising, platforms, and delivery methods

5. Advertising Standards and Requirements: Specifications for advertising content, compliance with ASA guidelines, and quality requirements

6. Rights and Responsibilities: Obligations of both parties, including content delivery, approval processes, and performance standards

7. Payment Terms: Pricing, payment schedule, invoicing requirements, and VAT considerations

8. Intellectual Property Rights: Ownership and usage rights of advertising materials, trademarks, and creative content

9. Confidentiality: Protection of confidential information and trade secrets

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

11. Warranties and Indemnities: Representations, warranties, and indemnification obligations of both parties

12. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

13. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for advertising campaigns - include when dealing with performance-based advertising

2. Data Protection and POPIA Compliance: Detailed data handling and privacy requirements - include when personal information processing is involved

3. Digital Advertising Specifications: Technical requirements for digital advertising - include for digital-specific advertising agreements

4. Agency Appointments: Terms regarding third-party agency relationships - include when advertising agencies are involved

5. Competition Compliance: Specific provisions ensuring compliance with competition laws - include when dealing with exclusive arrangements or market-dominant players

6. B-BBEE Provisions: Transformation and B-BBEE compliance requirements - include when relevant to the contract value or party requirements

Suggested Schedules

1. Schedule A: Advertising Rates and Pricing: Detailed pricing structure, rate cards, and payment terms

2. Schedule B: Technical Specifications: Detailed technical requirements for advertising materials

3. Schedule C: Service Level Agreement: Performance standards, delivery timelines, and quality metrics

4. Schedule D: Approved Advertising Platforms: List of approved advertising platforms and media channels

5. Schedule E: Campaign Calendar: Planned advertising campaigns and scheduling details

6. Appendix 1: Content Guidelines: Specific requirements for advertising content and creative materials

7. Appendix 2: Approval Process: Detailed workflow for content approval and revision processes

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






































Clauses



































Relevant Industries

Media and Entertainment

Advertising and Marketing

Digital Communications

Retail

Financial Services

Telecommunications

Consumer Goods

Hospitality and Tourism

Technology

Professional Services

Healthcare

Education

Relevant Teams

Sales

Marketing

Legal

Compliance

Business Development

Digital Operations

Content Management

Finance

Account Management

Media Planning

Creative Services

Commercial Operations

Relevant Roles

Advertising Sales Manager

Media Director

Marketing Manager

Commercial Director

Business Development Manager

Account Executive

Legal Counsel

Compliance Officer

Marketing Director

Digital Marketing Manager

Media Buyer

Content Manager

Sales Director

Chief Marketing Officer

Advertising Operations 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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