Marketing Consultant Agreement Template for South Africa

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Key Requirements PROMPT example:

Marketing Consultant Agreement

"I need a Marketing Consultant Agreement for hiring a local consultant in Cape Town to manage our company's social media presence and brand strategy, starting March 2025, with a focus on protecting our intellectual property and ensuring POPIA compliance."

Document background
The Marketing Consultant Agreement is essential for businesses in South Africa seeking to formalize their relationship with marketing professionals or agencies. This document is designed to comply with South African legal requirements while protecting both parties' interests in a marketing consulting engagement. It's particularly relevant in today's digital age where marketing services often involve handling personal information (governed by POPIA), creating intellectual property, and managing multi-channel campaigns. The agreement addresses key aspects such as scope of services, compensation, deliverables, and compliance with South African marketing and advertising regulations. It's suitable for both short-term project-based engagements and ongoing consulting relationships, providing flexibility while maintaining legal robustness under South African law.
Suggested Sections

1. Parties: Identification and details of the Client and Marketing Consultant, including registration numbers and addresses

2. Background: Context of the agreement and brief overview of the intended consulting relationship

3. Definitions: Definitions of key terms used throughout the agreement, including marketing-specific terminology

4. Appointment and Scope of Services: Terms of appointment and detailed description of marketing consulting services to be provided

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

6. Consultant's Obligations: Key responsibilities, deliverables, and performance standards expected from the consultant

7. Client's Obligations: Client's responsibilities, including provision of information, resources, and timely feedback

8. Fees and Payment Terms: Compensation structure, payment schedule, expenses, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of marketing materials, campaigns, and creative work

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: POPIA compliance and data handling requirements

12. Non-Solicitation: Restrictions on soliciting employees or clients

13. Relationship of Parties: Clarification of independent contractor status

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

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when the client requires quantifiable results

2. Social Media Management: Specific terms for social media account management and content creation - include when social media services are part of the scope

3. Agency Coordination: Terms for managing relationships with other marketing agencies - include when the consultant will interface with other service providers

4. International Services: Provisions for international marketing activities - include when services extend beyond South Africa

5. Crisis Management: Procedures for handling marketing-related crises - include for high-profile clients or sensitive industries

6. B-BBEE Compliance: Specific provisions relating to B-BBEE requirements - include when relevant to the client's compliance needs

7. Training and Knowledge Transfer: Terms for training client's staff - include when knowledge transfer is part of the scope

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Structure: Detailed fee breakdown, rate cards, and payment milestones

3. Schedule C - Key Personnel: List of key consultant team members and their roles

4. Schedule D - Approved Subcontractors: List of pre-approved subcontractors or freelancers

5. Schedule E - Brand Guidelines: Client's branding requirements and guidelines

6. Schedule F - Reporting Templates: Standard formats for marketing performance reports

7. Appendix 1 - Service Level Agreement: Specific performance standards and response times

8. Appendix 2 - Compliance Checklist: Marketing regulatory compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Technology

Financial Services

Healthcare

Manufacturing

Entertainment

Education

Professional Services

Real Estate

Hospitality

E-commerce

Non-profit

FMCG

Telecommunications

Relevant Teams

Legal

Marketing

Procurement

Operations

Commercial

Finance

Compliance

Business Development

Communications

Executive Leadership

Relevant Roles

Marketing Director

Chief Marketing Officer

Marketing Manager

Marketing Consultant

Brand Manager

Digital Marketing Specialist

Legal Counsel

Procurement Manager

Business Development Manager

Operations Manager

Communications Director

Commercial Director

Chief Executive Officer

Marketing Agency Owner

Contract 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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