Influencer Barter Agreement Template for South Africa

The Influencer Barter Agreement is essential for businesses operating in South Africa that wish to engage in non-monetary promotional arrangements with social media influencers. This document has become increasingly important with the growth of social media marketing and the preference for barter arrangements in the influencer marketing space. It provides a legal framework compliant with South African law, including the Consumer Protection Act, Electronic Communications and Transactions Act, and advertising regulations. The agreement covers key aspects such as the specification of products/services to be provided, content creation requirements, posting schedules, intellectual property rights, and mandatory advertising disclosures. It's particularly relevant in scenarios where brands want to establish formal arrangements with influencers without monetary compensation, ensuring clear deliverables and protecting both parties' interests while maintaining compliance with local regulations.

1. Parties: Identification of the brand/company and the influencer, including their full legal names, registration/ID numbers, and contact details

2. Background: Context of the agreement, establishing the influencer's social media presence and the brand's desire to leverage it through a barter arrangement

3. Definitions: Key terms used in the agreement, including 'Content', 'Platforms', 'Deliverables', 'Products/Services', and 'Campaign'

4. Barter Arrangement: Details of the exchange - what the brand provides and what the influencer delivers in return

5. Influencer Obligations: Specific responsibilities of the influencer, including content creation, posting schedules, and engagement requirements

6. Brand Obligations: Responsibilities of the brand, including provision of products/services, brand guidelines, and support

7. Content Requirements: Specifications for content creation, including quality standards, brand guidelines, and approval processes

8. Compliance Requirements: Legal requirements for disclosure of sponsored content and compliance with advertising regulations

9. Intellectual Property: Rights and licenses regarding content, brand materials, and resulting marketing materials

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Confidentiality: Protection of confidential information shared between parties

12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement