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Advertising Service Agreement

Advertising Service Agreement Template for South Africa

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Key Requirements PROMPT example:

Advertising Service Agreement

"I need an Advertising Service Agreement for my tech startup based in Cape Town, engaging a digital marketing agency for a 12-month campaign starting March 2025, with special focus on social media advertising and performance-based compensation."

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Document background
The Advertising Service Agreement is essential for businesses in South Africa seeking to formalize their relationship with advertising service providers. This document is typically used when a company engages an advertising agency for various marketing and promotional services, including traditional advertising, digital marketing, media buying, and creative services. The agreement addresses crucial aspects such as service scope, approval processes, intellectual property rights, and compliance with South African advertising regulations, including the Consumer Protection Act, POPIA, and ASA Code. It provides necessary legal protection for both parties while establishing clear expectations and deliverables for the advertising services relationship.
Suggested Sections

1. Parties: Identification of the advertising agency and the client, including their registered addresses and company details

2. Background: Context of the agreement and brief overview of the advertising services relationship

3. Definitions: Key terms used throughout the agreement, including advertising-specific terminology

4. Scope of Services: Detailed description of advertising services to be provided

5. Agency Obligations: Specific responsibilities and commitments of the advertising agency

6. Client Obligations: Client's responsibilities, including provision of materials and approvals

7. Approval Process: Procedures for submission, review, and approval of advertising materials

8. Fees and Payment Terms: Compensation structure, payment schedule, and related financial terms

9. Intellectual Property Rights: Ownership and usage rights of creative materials and existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Compliance with Laws: Compliance with advertising regulations, ASA Code, and relevant legislation

12. Term and Termination: Duration of agreement and termination provisions

13. Warranties and Indemnities: Guarantees regarding services and indemnification obligations

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

Optional Sections

1. Digital Advertising Services: Specific provisions for digital marketing, social media, and online advertising services

2. Media Buying: Terms specific to media purchasing and placement services

3. Performance Metrics: KPIs and measurement criteria for advertising campaign success

4. Data Protection: Detailed POPIA compliance measures for handling personal information in advertising

5. Third-Party Contractors: Terms governing use of subcontractors or freelancers

6. International Advertising: Provisions for cross-border advertising campaigns

7. Crisis Management: Procedures for handling advertising-related controversies or public relations issues

8. Agency of Record: Terms specific to exclusive agency relationships

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of advertising services and deliverables

2. Schedule B - Fee Structure: Comprehensive fee schedule, including rate cards and payment terms

3. Schedule C - Brand Guidelines: Client's branding requirements and guidelines

4. Schedule D - Approval Timeline: Specific timeframes for various approval stages

5. Schedule E - Key Personnel: List of key team members and their roles

6. Appendix 1 - Sample Deliverables: Examples or templates of expected advertising materials

7. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and ASA Code compliance

8. Appendix 3 - Media Plan Template: Standard format for media planning and reporting

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

Retail

Financial Services

Technology

Entertainment

Consumer Goods

Telecommunications

Healthcare

Automotive

Travel and Tourism

Education

Real Estate

Professional Services

Media and Broadcasting

Food and Beverage

Non-Profit Organizations

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Brand Management

Digital Marketing

Creative Services

Media Planning

Business Development

Communications

Risk Management

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Advertising Manager

Legal Counsel

Procurement Manager

Creative Director

Account Director

Media Planning Director

Digital Marketing Manager

Compliance Officer

Finance Director

Contract Manager

Business Development Manager

Marketing 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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