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Social Media Marketing Agreement

Social Media Marketing Agreement Template for South Africa

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Key Requirements PROMPT example:

Social Media Marketing Agreement

"I need a Social Media Marketing Agreement for my e-commerce business where the marketing agency will manage our Instagram and TikTok accounts, with strict content approval processes and clear performance metrics for measuring campaign success."

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Document background
This Social Media Marketing Agreement is designed for use in South Africa when engaging professional social media marketing services. It's essential for businesses looking to formalize their social media marketing arrangements while ensuring compliance with South African legislation, including POPIA, ECTA, and advertising standards. The agreement covers crucial aspects such as scope of services, content ownership, performance metrics, data protection, and crisis management protocols. It's particularly relevant in today's digital age where social media presence is crucial for business success, and the document ensures both parties understand their rights, obligations, and deliverables while maintaining legal compliance. The agreement can be customized for various business sizes and industries, from small businesses to large corporations, and includes provisions for both traditional and emerging social media platforms.
Suggested Sections

1. Parties: Identification of the service provider (marketing agency) and the client, including their registered addresses and company details

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical social media terms

4. Scope of Services: Detailed description of social media marketing services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Service fees, payment schedule, and billing procedures

7. Service Provider Obligations: Marketing agency's responsibilities and deliverables

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

9. Content Ownership and Intellectual Property: Rights and ownership of created content and existing intellectual property

10. Data Protection and Privacy: POPIA compliance requirements and data handling procedures

11. Confidentiality: Protection of confidential information shared between parties

12. Performance Metrics and Reporting: KPIs, reporting requirements, and performance evaluation criteria

13. Warranties and Indemnities: Guarantees provided by both parties and indemnification clauses

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

Optional Sections

1. Social Media Crisis Management: Procedures for handling social media crises or negative publicity, recommended for high-profile clients

2. Third-Party Platforms: Specific terms relating to third-party social media platforms, needed when using specific platforms

3. Influencer Collaboration: Terms for engaging with influencers, required if influencer marketing is part of the strategy

4. International Data Transfers: Provisions for cross-border data transfers, necessary for clients with international presence

5. Content Approval Process: Detailed content approval workflow, recommended for clients requiring strict control over posts

6. Competitor Restrictions: Non-compete clauses and handling of competitor accounts, optional for sensitive industries

7. Training and Support: Terms for additional training or support services, if offered as part of the package

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of social media services, platforms, and posting frequency

2. Schedule B - Fee Structure: Detailed pricing, including base fees and additional service costs

3. Schedule C - Key Performance Indicators: Specific metrics and targets for measuring campaign success

4. Schedule D - Brand Guidelines: Client's branding requirements and content guidelines

5. Schedule E - Approved Social Media Platforms: List of platforms covered under the agreement with specific requirements

6. Appendix 1 - Content Calendar Template: Template for planning and scheduling social media content

7. Appendix 2 - Reporting Template: Standard format for performance reports and analytics

8. Appendix 3 - Emergency Contact Protocol: Contact details and procedures for urgent situations

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

E-commerce

Technology

Entertainment

Food and Beverage

Fashion

Professional Services

Healthcare

Education

Tourism and Hospitality

Financial Services

Real Estate

Non-profit Organizations

Consumer Goods

Automotive

Relevant Teams

Legal

Marketing

Digital

Communications

Brand Management

Content Creation

Compliance

Business Development

Public Relations

Social Media

Customer Service

Creative Services

Relevant Roles

Marketing Director

Social Media Manager

Digital Marketing Manager

Brand Manager

Content Manager

Legal Counsel

Compliance Officer

Business Development Manager

Communications Director

Chief Marketing Officer

Marketing Coordinator

Account Manager

Digital Strategy Director

Community Manager

Head of Digital

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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