Media Partner Agreement
Template — South Africa

Defines the strategic goals of the partnership for both parties, target audiences, the specific partnership activities (content sharing, co-branding, cross-promotion, event collaboration, sponsored content, audience exchange), geographic scope (national, regional, or specific South African markets), and the partnership's position within each partner's broader marketing strategy. Clear objectives prevent scope disputes and provide the benchmark against which partnership performance is measured. The section also establishes the partnership governance structure — designated relationship managers, meeting cadence, and decision-making authority for campaign approvals.

Specifies who produces what content, the editorial guidelines and quality standards applicable to all partnership content, content calendars with deadlines, approval workflows with defined review periods, and the right of each partner to reject content that does not meet their editorial or brand standards. For media houses, editorial independence is a critical concern — the agreement must distinguish between editorial content and commercial content, and prevent the commercial partnership from compromising editorial integrity. Under the CPA Section 29, all commercial content must be clearly identified as such to avoid misleading consumers. Content repurposing rights — the ability to adapt content for different channels or formats — must be explicitly defined.

Addresses how the partners will access each other's audiences — through co-branded communications, cross-promotion on each other's platforms, shared event participation, or direct data sharing. The safest approach under POPIA is for each partner to communicate to their own audience rather than sharing personal information directly. Where data sharing is necessary, the section establishes the lawful basis under POPIA Section 11 (typically specific consent from data subjects), data minimisation requirements, prohibited uses, security measures, and data return or destruction upon partnership termination. Cross-border transfer restrictions under Section 72 apply if either partner operates internationally. The Information Regulator has indicated that data sharing between business partners without adequate consent mechanisms is a compliance priority.

Defines how each partner's brand assets (logos, visual identity, brand voice, colour palettes, typography) may be used in partnership materials, the rules for co-branded content (placement hierarchy, size ratios, positioning), the approval process for all public-facing materials, and the restrictions on modifying or adapting brand assets. Brand protection provisions ensure that neither partner's brand is associated with messaging, imagery, or contexts that are inconsistent with its brand values. The section addresses the consequences of brand guideline violations, including the right to require immediate removal of non-compliant materials. Each partner grants the other a limited, non-exclusive licence to use their brand assets solely for the purposes of the partnership.

Defines the financial structure of the partnership — whether it involves direct revenue sharing (splitting advertising revenue, ticket sales, or subscription income), value-in-kind (contra) arrangements (exchanging media exposure for content, sponsorship, or services), or a combination. Revenue sharing provisions specify the split ratios, the revenue streams included, the calculation methodology, reconciliation procedures, and payment timelines. Value-in-kind arrangements must be clearly documented with agreed values for each party's contribution to avoid disputes. VAT treatment under the Value-Added Tax Act 89 of 1991 applies to both cash payments and value-in-kind exchanges — SARS treats contra arrangements as supply for consideration, requiring both parties to account for VAT on the value of their respective supplies.

Addresses the ownership and licensing of intellectual property in the partnership — existing IP (each partner's brand assets, content library, proprietary tools), co-created IP (content produced collaboratively during the partnership), and derivative works (adaptations or modifications of either partner's existing IP). Under the Copyright Act 98 of 1978, joint works (where contributions are not separable) are jointly owned, while collaborative works with separable contributions are owned by each contributor. The agreement specifies the licensing terms for using each other's existing IP during the partnership, the ownership of co-created content, the licensing terms for post-termination use, and any restrictions on sublicensing. Clear IP provisions are essential — without them, both partners may claim ownership of high-performing co-branded content, leading to disputes that can only be resolved through costly litigation.

Defines whether the partnership is exclusive within a category, industry, or market segment, and any restrictions on either partner entering into similar arrangements with direct competitors during the partnership term. Exclusivity provisions must be reasonable under South African restraint of trade principles — they should define the competitive category narrowly, limit the duration to the partnership term (plus a reasonable wind-down period), and not prevent either partner from conducting their normal business activities. The section also addresses the Competition Act 89 of 1998 considerations: media partnerships between competitors that involve market allocation, price coordination, or exclusive dealing arrangements may attract Competition Commission scrutiny under Section 4 (restrictive horizontal practices) or Section 5 (restrictive vertical practices).

Defines the key performance indicators (KPIs) that will measure partnership success — audience reach, content engagement, website traffic, lead generation, event attendance, revenue generated, or other metrics aligned with the partnership objectives. The section specifies reporting frequency (monthly, quarterly), reporting format, data sources and attribution methodology, access to analytics dashboards, and the schedule for partnership review meetings. Objective performance measurement is critical for justifying the partnership's continuation and for making data-driven decisions about resource allocation. Where performance consistently falls below agreed benchmarks, the section provides for remediation plans or, ultimately, early termination.

Establishes the partnership duration (typically 12-24 months with renewal options), the process for renewal or extension, termination for convenience (30-60 days' written notice), termination for cause (material breach, reputational damage, insolvency, or change of ownership), and the consequences of termination. The wind-down provisions address the treatment of active campaigns at the time of termination, committed content and media placements, outstanding financial obligations, and the timeline for ceasing use of each other's brand assets. Post-termination content rights specify which co-branded content may continue to be used by each party and which must be removed within a defined period.

Specifies that the agreement is governed by the laws of the Republic of South Africa and establishes a structured dispute resolution process: escalation to designated senior relationship managers, mediation under the Arbitration Foundation of Southern Africa (AFSA) rules, and binding arbitration if mediation fails. Media partnerships are relationship-driven arrangements where public disputes can damage both partners' brands — confidential mediation and arbitration are strongly preferred over public court proceedings. The right to approach the High Court for urgent interim relief (such as interdicts to prevent brand misuse or confidentiality breaches) is preserved.