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The Influencer Partnership Agreement is essential for businesses engaging in social media marketing in South Africa. This document has become increasingly critical as influencer marketing grows as a primary digital marketing channel. It addresses key aspects required under South African law, including consumer protection, advertising standards, and data privacy requirements. The agreement typically covers content creation specifications, posting schedules, compensation terms, intellectual property rights, and compliance requirements. It's particularly important given South Africa's specific regulatory framework, including the Consumer Protection Act, POPIA, and Advertising Regulatory Board guidelines. The document should be used whenever a brand initiates a formal partnership with an influencer, whether for one-off campaigns or long-term collaborations, ensuring both parties' interests are protected while maintaining compliance with local laws.

1. Parties: Identification of the brand/company and the influencer, including their full legal names, registration numbers (if applicable), and physical addresses

2. Background: Context of the agreement, brief description of the brand's business, influencer's social media presence, and purpose of the partnership

3. Definitions: Definitions of key terms used throughout the agreement, including 'Content', 'Campaign', 'Platform', 'Deliverables', 'Intellectual Property', etc.

4. Appointment and Scope: Terms of the influencer's appointment and detailed scope of services to be provided

5. Term and Termination: Duration of the agreement, renewal terms, and circumstances under which either party may terminate

6. Influencer Obligations: Specific responsibilities including content creation, posting requirements, engagement standards, and compliance with laws

7. Brand Guidelines and Approvals: Process for content approval and compliance with brand guidelines

8. Compensation: Payment terms, including fees, payment schedule, and any performance-based bonuses

9. Intellectual Property Rights: Ownership and licensing of content, usage rights, and restrictions

10. Compliance and Disclosures: Requirements for advertising disclosures, compliance with relevant laws and platform policies

11. Confidentiality: Protection of confidential information shared during the partnership

12. Warranties and Representations: Promises made by both parties regarding their capacity, rights, and obligations

13. Limitation of Liability: Limits on parties' liability and indemnification provisions

14. General Provisions: Standard clauses including notices, entire agreement, governing law, etc.