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Online Marketing Agreement

Online Marketing Agreement Template for South Africa

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Key Requirements PROMPT example:

Online Marketing Agreement

"I need an Online Marketing Agreement for my e-commerce company to engage a marketing agency for social media management and content creation in South Africa, with specific provisions for influencer marketing and brand protection starting March 2025."

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Document background
The Online Marketing Agreement is designed for use in South Africa when businesses engage professional marketing services for their digital presence. This document is essential in today's digital economy where companies increasingly rely on online channels for marketing and customer engagement. The agreement incorporates requirements from key South African legislation including POPIA, ECTA, and the Consumer Protection Act, making it specifically tailored for the South African business environment. It provides a structured framework for defining marketing services, deliverables, performance metrics, and compliance requirements, while protecting both parties' interests in the digital marketing relationship. The document is particularly relevant given the growing importance of data protection and digital communications regulations in South Africa.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the marketing service provider and the client

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 the online marketing services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

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

7. Service Provider Obligations: Key responsibilities and commitments of the marketing service provider

8. Client Obligations: Key responsibilities and commitments of the client

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

10. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

11. Confidentiality: Protection of confidential information between parties

12. Performance Metrics: KPIs and measurement criteria for marketing services

13. Reporting Requirements: Frequency and content of performance reports

14. Warranties and Representations: Standard warranties from both parties

15. Limitation of Liability: Liability caps and exclusions

16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Social Media Management: Specific terms for social media marketing services if included

2. Content Creation: Terms governing the creation and approval of marketing content

3. Search Engine Optimization: Specific terms for SEO services if included

4. Email Marketing: Specific terms for email marketing campaigns if included

5. Influencer Marketing: Terms governing influencer collaboration if applicable

6. Geographic Targeting: Specific terms for geographic targeting if services are limited to certain regions

7. Agency of Record: Additional terms if the provider is designated as the exclusive marketing agency

8. Crisis Management: Procedures for handling marketing-related crises or reputation issues

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed service levels and performance standards

2. Schedule B - Fee Schedule: Detailed breakdown of fees and payment terms

3. Schedule C - Campaign Specifications: Specific details of planned marketing campaigns

4. Schedule D - Approved Marketing Channels: List of approved platforms and marketing channels

5. Schedule E - Reporting Templates: Standard templates for performance reporting

6. Schedule F - Data Processing Agreement: Detailed terms for POPIA compliance and data processing

7. Appendix 1 - Brand Guidelines: Client's branding requirements and guidelines

8. Appendix 2 - Key Personnel: List of key team members and their roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Financial Services

Healthcare

Manufacturing

Professional Services

Entertainment

Education

Tourism

Real Estate

Consumer Goods

Telecommunications

Relevant Teams

Marketing

Legal

Procurement

Compliance

Operations

Digital

Commercial

Business Development

Brand Management

E-commerce

Relevant Roles

Marketing Director

Digital Marketing Manager

Chief Marketing Officer

Business Development Manager

Legal Counsel

Procurement Manager

Account Manager

Marketing Consultant

Compliance Officer

Operations Manager

E-commerce Manager

Brand Manager

Commercial Director

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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