The Digital Advertising Agreement serves as a crucial legal framework for businesses engaging in digital advertising services within South Africa. This document is essential when establishing a formal relationship between digital advertising service providers and clients who wish to promote their products or services through digital channels. The agreement incorporates key provisions required under South African law, including compliance with POPIA, consumer protection regulations, and electronic communications legislation. It is designed to protect both parties' interests while ensuring transparent service delivery, clear performance metrics, and proper handling of digital assets and personal information. The document is particularly relevant in today's digital-first business environment, where online advertising plays a central role in marketing strategies.
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Key Requirements PROMPT example:
Digital Advertising Agreement
"I need a Digital Advertising Agreement for my e-commerce fashion company to engage a digital marketing agency for social media advertising campaigns across Instagram and TikTok, with a focus on influencer marketing and performance-based pricing."
1. Parties: Identification of the advertising service provider 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 advertising terms
4. Scope of Services: Detailed description of digital advertising services to be provided
5. Campaign Parameters: Specifications for advertising campaigns, including timing, platforms, and targeting
6. Service Provider Obligations: Key responsibilities and commitments of the advertising service provider
7. Client Obligations: Client's responsibilities, including provision of materials and approvals
8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures
9. Intellectual Property Rights: Ownership and usage rights of advertising materials and content
10. Data Protection and Privacy: Compliance with POPIA and handling of personal information
11. Confidentiality: Protection of confidential information exchanged during the service relationship
12. Term and Termination: Duration of agreement and conditions for termination
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when performance-based billing is required
2. Agency Commission: Terms related to agency fees and commission structure - include when working with advertising agencies
3. Third-Party Platforms: Terms governing the use of third-party advertising platforms - include when specific platforms are being used
4. Content Creation: Terms related to creation of advertising content - include when creative services are part of the scope
5. Remarketing Rights: Terms governing the use of customer data for remarketing - include when remarketing is part of the services
6. Multi-territory Rights: Specific terms for advertising in multiple territories - include for international campaigns
1. Schedule A - Service Specifications: Detailed breakdown of advertising services, platforms, and deliverables
2. Schedule B - Fee Schedule: Detailed pricing structure, including rate cards and payment milestones
3. Schedule C - Campaign Brief: Specific requirements and objectives for each advertising campaign
4. Schedule D - Technical Requirements: Technical specifications for advertising materials and platform requirements
5. Appendix 1 - Approved Advertising Platforms: List of approved platforms and channels for advertising delivery
6. Appendix 2 - Reporting Templates: Standard templates for campaign performance reporting
Authors
Relevant legal definitions
Ad Platform
Advertising Materials
Advertising Specifications
Affiliate
Agreement
Applicable Laws
Approved Platforms
Business Day
Campaign
Campaign Brief
Campaign Period
Click-Through Rate
Commencement Date
Confidential Information
Content
Conversion
CPM (Cost Per Mille)
CPC (Cost Per Click)
CPA (Cost Per Acquisition)
Data Protection Laws
Digital Advertising Services
Effective Date
Force Majeure Event
Impression
Intellectual Property Rights
KPIs
Marketing Materials
Media Buy
Operator
Performance Metrics
Personal Information
Placement
Platform Terms
Processing
Prohibited Content
Responsible Party
Services
Service Level Agreement
Targeting Parameters
Term
Territory
Third-Party Platforms
User Data
Working Hours
Advertising Materials
Advertising Specifications
Affiliate
Agreement
Applicable Laws
Approved Platforms
Business Day
Campaign
Campaign Brief
Campaign Period
Click-Through Rate
Commencement Date
Confidential Information
Content
Conversion
CPM (Cost Per Mille)
CPC (Cost Per Click)
CPA (Cost Per Acquisition)
Data Protection Laws
Digital Advertising Services
Effective Date
Force Majeure Event
Impression
Intellectual Property Rights
KPIs
Marketing Materials
Media Buy
Operator
Performance Metrics
Personal Information
Placement
Platform Terms
Processing
Prohibited Content
Responsible Party
Services
Service Level Agreement
Targeting Parameters
Term
Territory
Third-Party Platforms
User Data
Working Hours
Clauses
Service Provision
Payment Terms
Data Protection
Intellectual Property
Confidentiality
Performance Standards
Service Levels
Campaign Management
Content Standards
Platform Access
Reporting Requirements
Warranties
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Competition Law
Consumer Protection
Electronic Communications
Audit Rights
Insurance
Amendment
Entire Agreement
Severability
Waiver
Agency Relationship
Third Party Rights
Payment Terms
Data Protection
Intellectual Property
Confidentiality
Performance Standards
Service Levels
Campaign Management
Content Standards
Platform Access
Reporting Requirements
Warranties
Liability
Indemnification
Term and Termination
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Competition Law
Consumer Protection
Electronic Communications
Audit Rights
Insurance
Amendment
Entire Agreement
Severability
Waiver
Agency Relationship
Third Party Rights
Relevant Industries
Retail
E-commerce
Financial Services
Technology
Entertainment
Healthcare
Education
Travel and Tourism
Real Estate
Automotive
Consumer Goods
Professional Services
Telecommunications
Relevant Teams
Legal
Marketing
Digital
Procurement
Compliance
Business Development
Client Services
Operations
Finance
Creative
Relevant Roles
Marketing Director
Digital Marketing Manager
Advertising Account Manager
Chief Marketing Officer
Media Buyer
Digital Campaign Manager
Legal Counsel
Procurement Manager
Business Development Manager
Digital Strategy Director
Client Services Director
Compliance Officer
Marketing Operations Manager
Agency Partnership Manager
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