Terms and Conditions

ZaPOP Media Terms and Conditions:

1. Client: Refers to any party, agent or representative of the said party on behalf of whom the agent or representative acts in purchasing media from or through ZaPOP.

2. Service Provider: ZaPOP Media (Pty) Ltd (Registration Number: 2006/024059/07), Cnr van Riebeeckshof and Pontac Street, Oude Westhof, Bellville, Cape Town (hereinafter referred to as “ZaPOP”). The Client has commissioned ZaPOP to supply certain media as per separate order form or on the reverse of this page.

3. In-store media: All rental media that is approved and published by ZaPOP on its website (zapop.com), or media that was explicitly approved by ZaPOP, for the retailer stores.

4. To avoid illegal media placing in the retailer stores, a PIN number and takedown date (e.g. ZaPOP PIN: AS3341-1230607) will be printed on all material to be used. The PIN number will be supplied by ZaPOP.

5. Certain media are only available in certain stores, namely:
   • Till posters – selected stores.
   • Sensosheets – selected stores.
   • All other ZaPOP media – as per the list supplied by ZaPOP.
6. Availability restrictions per store apply to media in certain categories, namely:
   • Shelf defenders, Shelf trays and Shelf strips – no restriction.
   • Sensosheets, Till posters – two brands per category.
   • Coupon dispensing devices (all types) – one media type per category.
   • Brand sparklers – only three Brand Sparklers allowed per category.
   • Other on-shelf devices – one brand per media type per category.

7. The availability of media may be revised from time to time at ZaPOP’s sole discretion. Media availability and restrictions will be available on (zapop.com).

8. Categories and sub-categories are defined by ZaPOP.

9. Clients have the option to have media printed by ZaPOP at standard production costs, by themselves, or by their agencies/printers.

10. ZaPOP reserves the right to restrict certain media availability based on a combination of factors which include, but are not limited to, the overuse of certain media types.

11. Signed contracts must be sent to ZaPOP at least 6 (six) weeks prior to the campaign’s commencement date. In cases where ZaPOP will be producing the media, the contract will include information such as the list of relevant stores where the media will be placed, the artwork needed to produce the media, and the signed ZaPOP agreement. ZaPOP reserves the right to accept/reject contracts that were signed late.

12. Where ZaPOP is to print the media, artwork must be delivered directly to ZaPOP at least 5 (five) weeks prior to the campaign’s commencement. For Product Innovation, artwork must be delivered directly to ZaPOP 8 weeks prior to the start date of the campaign. This period might have to be extended depending on the complexity of the design required. ZaPOP reserves the right to accept/reject artwork that was not delivered on time.

13. Where media printing is arranged by the Client, the finished items must be sent at the Client’s expense directly to ZaPOP to arrive at least 2 (two) weeks prior to assembly. All media must be packed and printed according to ZaPOP’s specifications. Please note that all surplus media supplied to ZaPOP or printed by ZaPOP – whether installed or never installed before in a store, will be discarded at the end of each campaign. Should it be required that media be stored, a request must be made in writing 2 (two) weeks before the end of the campaign. Media will only be stored by ZaPOP once the cost and terms according to which ZaPOP will store media have been agreed upon in writing by ZaPOP and the owner of the media to be stored. Copies of the relevant specifications are available from ZaPOP’s website – www.zapop.com.

14. Where media printing is arranged by the Client or its agency, the finished items must be delivered to ZaPOP. The Client will be responsible for all delivery costs. Standard delivery fees will apply, using the lowest courier rates available (usually overnight). However, the fees may increase if sameday delivery or other urgent form of delivery is required due to any delays incurred by the Client or its agency. Media needs to be delivered 2 (two) weeks prior to a campaign’s commencement date.

15. Media containing various products: If, at the time of installation, one of the products featured on the media is not stocked in the store or out of stock, the media should contain the phrase “Selected stores has limited range”. This must be clearly visible on the media for shoppers to see, e.g. visible from both sides of the Category Banner. If this phrase is not on media containing various products and one of the products cannot be found in that specific store, no installation will take place.

16. Only the relevant retailer name, i.e. the name of the retailer in whose store(s) the artwork/media is to be used, is allowed to appear on the artwork/media. Please note that NO other retailer name may be used.

17. For media installations within Spar Tops stores, the Tops logo needs to be on the artwork/media.

18. Campaigns may only be postponed by a maximum of 4 (four) months, provided a letter of reason is presented to ZaPOP by the Client. Campaigns may not be postponed once they have started, or may not be postponed more than once. If contracts have been postponed they may not be cancelled.

19. Some stores (monthly stores – these stores are indicated with an “M” on your availability list) are serviced only once a month, reason being that these stores are remote or outlying. Media will only be installed when these monthly stores are serviced, which means it will also stay up longer in these stores after the specific campaign has ended. This should be kept in mind for competition campaigns. Please allow 7 (seven) days from the commencement of the campaign for all media to be installed.

20. Once an agreement has been signed by both parties, it becomes binding – subject to the retailer allowing for the campaign to continue. In the case where the retailer does not allow the campaign to continue for whatever reasons, the agreement becomes of no force and effect.

21. It may happen that a campaign is approved in a specific geographic region, but declined by retailer in another – in such a case the campaign will only continue to run in approved regions.

22. Should any one of the parties involved breach any provision or term set out in the agreement (other than those which contain their own provisions in respect of breaches) and fail to remedy such breach within 14 (fourteen) days of the date of receipt of written notice requiring to do so, the other party/parties (“the aggrieved party”) shall be entitled, in addition to any other remedy available to it by law, to cancel this agreement or to claim specific performance.

23. All payments will be made 30 (thirty) days from invoicing. Any payments not made within the agreed period may be excluded from any rebates that have been negotiated between the Client and ZaPOP, and may also incur interest charges on all amounts outstanding after this 30 (thirty) day period. Should any deposit payments be required, it will be indicated on the pro-forma invoice, or invoice for the relevant campaign.

24. The Client, its agent/s, representatives or staff, will refrain from installing media falling within the ZaPOP list of approved media or media that is in the process of being approved, in the ZaPOP estate of stores without a written agreement between ZaPOP and the Client. ZaPOP reserves the right to remove any such media.

25. Any cancellation must be given via a letter of reason. The associated cancellation fees on contracts are as follows:
    • 15% (fifteen percent) of the contract value of all contracted months on which more than 6 (six) calendar months’ notice was given.
    • 25% (twenty five percent) of the contract value of all contracted months on which less than 6 (six) calendar months’ notice was given.
    • 50% (fifty percent) of the contract value of all contracted months on which less than 5 (five) calendar months’ notice was given.
    • 75% (seventy five percent) of the contract value of all contracted months on which less than 4 (four) calendar months’ notice was given.
    • 100% (one hundred percent) of the contract value of all contracted months on which less than 3 (three) calendar months’ notice was given.

26. Please note: Paragraph 26 is applicable if a campaign is cancelled partly or in its totality. Should a campaign be changed or altered, it will be seen as a cancellation and paragraph 26, as mentioned above, will be applicable on the value by which the campaign has been reduced.

27. All media sold to the Client at a discounted rate of the official rate will be negotiated on a case-by-case scenario. Should any rebates apply, media not included in the agreed rebate structure will be clearly indicated as such on the agreement between ZaPOP and the Client.

28. All coupons that are distributed to the stores must have a unique ID number (supplied by ZaPOP) printed on the coupon, and/or a barcode. This code will be used to identify the coupons circulated through the applicable retailer.

29. Agency commission will only be payable on media rentals and not on production costs.

30. In the event that ZaPOP fails to meet any deadlines (commencement dates) agreed upon for the introduction of media, ZaPOP shall provide the Client with an extension of the relative campaign for an equal number of days at the end of the campaign date originally agreed upon.

31. Corporate Media Deals (CMD) are negotiated and sold on the full CMD value at the time of signing the contract. The total value of the CMD contract may not be reduced after it has been signed by the Client. Any subsequent reductions in the CMD contract will lead to loss of any applicable discounts on that CMD.

32. Contracts signed in advance for future financial years will take into calculation the current media rental cost, production cost and distribution and installation fees, and apply the prevailing CPI % for the relevant future financial years.

33. Purchase order numbers must be sent with a signed contract in order to secure a booking with selected stores. No campaign will be implemented or printed without a purchase order number.

34. Contracts are invoiced in full at the beginning of the month of the campaign’s commencement.

35. Previously signed contracts that are changed or extended in the current or future periods, will be subject to media rental cost, production cost, tasting fees, promoter fees, promoter elements, and distribution and installation fees prevailing at the time of change.

36. If a client cancels or alters any Project Management, Strategy or Design contract or part of a Project Management, Strategy or Design contract at any time after ZaPOP has received the order, ZaPOP reserves the right to render costs to the date of such cancellation or alteration on work done.

37. In the case where a campaign includes entry mechanics; the full entry mechanic cost being setup fee and reward costs; is to be paid in full, one month prior to the campaign start date. The balance of the campaign must be paid 30 (thirty) days after invoicing.

38. Any cancellation must be given via a letter of reason. The associated cancellation fees on contracts in terms of Rewards campaigns are as follows: If cancelled at any time, client will be liable for 100% (one hundred percent) of all costs incurred in the setting up of the campaign entry mechanic as well as any rewards purchased, including the management fee set out in the contract.

39. In the case of brand activation, the cost pertaining to training, elements and tasting stock is to be paid in full prior to the campaign start date. The balance of the brand activation will be invoiced monthly for the duration of the campaign and is to be paid 30 (thirty) days after invoicing.

40. Should a promoter arrive at the store for brand activation and there is no stock available, full charges will apply.

41. ZaPOP, its staff and/or agents will under no circumstances be held liable for any loss or damage of any nature. All work is done and property handled, packed and transported entirely at the Client’s own risk.

42. Any cancellation must be given via a letter of reason. The associated cancellation fees on contracts in terms of Social Media are as follows:

    • 25% (twenty-five percent) of the contract value of remaining contracted months on which less than 3 (three) calendar months’ notice was given.
    • 50% (fifty percent) of the contract value of remaining contracted months on which less than 2 (two) calendar months’ notice was given.
    • 100% (one hundred percent) of the contract value of remaining contracted months on which less than 1 (one) calendar months’ notice was given.

43. In the case of brand activation, quotations are based on the known fixed cost of the campaign. The services do not include any other charges such as agency commission, photocopies, postage, delivery charges, courier charges, uniforms, sample stock, POS, or any other additional expenses relating to the campaign. Charges other than the services detailed on this quotation will be invoiced on completion of the campaign.

44. In the case of brand activation, storing cost will be charged for elements or point of sale that needs to be stored for more than 14 (fourteen) days before or after the end of the campaign period.

45. Any cancellation must be given via a letter of reason. The associated cancellation fees on contracts in terms of brand activations campaigns are as follows:
    • A 50% (fifty percent) cancellation fee on promoter costs will apply for campaigns cancelled less than 48 (forty-eight) hours before training date.
    • A 100% (one hundred percent) cancellation fee on promoter costs will apply for campaigns cancelled less than 24 (twenty-four) hours before training date.
    • If cancelled at any time client will be liable for 100% (one hundred percent) of the costs of promotional elements, services as well as tasting stock that have been incurred by ZaPOP, including the relevant management fee set out in the contract.

46. All bookings made on PromoDiary may not be for a period of more than 30 (thirty) days, and all campaigns are to be booked 3 (three) weeks in advance.

47. If a PromoDiary signed contract has not been received within 3 (three) days after the contract has been sent for signature, the booked campaign will be cancelled.

48. Bookings on PromoDiary may not be made more than 6 (six) months in advance.

49. If PromoDiary bookings are cancelled 3 (three) months prior to the campaign’s commencement date, the agency/supplier will forfeit the full booking fee.

50. Payments of all PromoDiary campaigns must take place within 1 (one) week of receipt of invoice. The campaign will be cancelled if payment has not been received on time.

51. If an approved booking was made and the promoter fails to arrive promptly and remain for the duration of the booking, the campaign agency will be blacklisted and no further in-store advertising for their product or brand will be allowed in any of the retailer stores, nationally.

52. If a promoter is present in any of the retailer stores without an approved booking, the campaign agency will be blacklisted and no further in-store advertising for their product or brand will be allowed in any of the retailer stores, nationally.

53. When a campaign agency subcontracts work to another campaign agency, the latter will be held responsible for booking the campaign as well as payment thereof.

54. The signatories to this contract (on behalf of ZaPOP/Client/Agency) hereby warrant that they have been duly authorised to sign the contract and to bind their principals to the terms and conditions thereof.

Live In-store Promotions:

The promotional standards define the minimum requirements and standards that a promoter, agent, marketer,supplier or other relevant parties or party must adhere to when doing live promotions in the stores.These standards may be changed or updated at the sole discretion of the relevant retailer, in which store the promotion is taking place, or by ZaPOP.

When a booking is made for or an in-store promoter or a live in-store promoter is used the following terms and conditions apply to the in-store promoter, their employer, the relevant supplier and other related parties or party to the promotion.

Promotional Standards:

Promoter Profile & Presentation

1. Age – Minimum 17 No maximum age.
2. Profile – The profile of the promoter must suit the demographic of the retailers customer.
3. Language – The promoter must be able to communicate in the language used predominantly by the consumers in each specific store.
4. General appearance – Neat, well groomed with a good posture.
5. Hair – Depending on the promotion (e.g. wildly styled for a hair gel vs. a more formal look for make-up) but always clean and properly styled.
6. Depending on the brief hair can be taken up away from the face or hanging loose.
7. Make-up – Unless otherwise specified minimal amount of make-up should be worn.
8. Jewelry – Unless otherwise specified (e.g. big round earrings part of a uniform) a minimum amount of jewelry should be worn:
   • One earring per ear in the lobes
   • A watch
   • Minimum bangles, necklaces and rings (recommended one each and not overtly flashy.)
   • All other visible piercings must be removed. A nose stud (unobtrusive) is to be permitted where cultural beliefs require such.
9. Hands – Clean with well manicured nails. Either no nail polish or well painted nails. No chipped nail polish. The length of the nails should either be short or a moderate length.
10. Feet – Clean with well manicured nails. Either no nail polish or well painted nails. No chipped nail polish. When wearing open shoes heels should be clean and smooth.
11. Uniform:
    • Must be branded or a campaign specific uniform.
    • Must comprise of a branded top at the least. A branded peak / cap on its own is not acceptable.
    • No personal jackets to be worn over the branded top.
    • Uniforms must retain a level of decency that will not be offensive to consumers. Where there is a concern, the concept requires approval from Retailer’s head office.
    • Uniforms must be clean and pressed daily and should not appear “worn”.
    • Shoes – Depending on the brief. Always clean and neat.
    • Underwear never to be visible.
12. A CGCSA security card to be visibly worn at all times.
13. Hygiene
    • Teeth to be clean / breath fresh
    • No coughing / sneezing over promotional area or consumers. (Take tissues to store.)

Promoter Behaviour

1. Promoters must be made aware of the fact that they are representing the brand being promoted – they are to be pro-active in their promotion / selling activity at all times whilst on duty.
2. No eating, drinking, sitting down (unless part of a brief) whilst on duty in-store.
3. No smoking in sight of consumers when dressed in branded uniform.
4. No chewing of gum in-store – unless gum is being promoted and client requires such.
5. General discussions and “chats” with other promoters cannot be allowed whilst on the floor for promoting purposes. Promoters are not to be accompanied by friends/boyfriends/girlfriends etc. whilst working in-store.
6. Cell phones – Cell phones will be allowed but must be on silent / vibrating mode and be out of sight. The promoter is allowed to check for any calls from the supervisor whenever no customer is being served. Should a phone call be absolutely necessary (e.g. the promoter needs to report out of stocks) the call should be made away from the promotional area. Only calls with regard to the promotion can be handled. No extended chatting on cell phones is allowed whilst on duty.
7. Activities at the promotional area – No reading of any material other than information relevant to the promotion.
8. Promoters to be courteous and friendly to store representatives and consumers alike.

Kit & POS

1. Tables should only be used when necessary – if it is possible to promote without a table then please do so.
2. Where tables are necessary size will be limited to:
   • Area: 0.5m2
   • Dimensions: As required provided the maximum area prescribed above is not exceeded, and table is placed in the aisle to take up minimum space possible.
3. Tables, if not custom made units with branding incorporated, must be covered with a black or branded table cloth.
4. Under no circumstances are promoters to promote out of store trolleys, off crates etc.
5. Promotion stations are to be kept clean and tidy at all times.
6. Where a promotion involves sampling, black bin bags must be taken into store to hold discarded cups, spoons, packets etc. This bag to be kept out of sight at all times.

Store Etiquette

1. General store rules – The general store rules should always be adhered to. This will differ from store to store and is as much the responsibility of the in-store company as the supervisor and the promoter.
2. Remember that, in a sense, stores are like our clients and – they need to be treated as such. We are there at their invitation and all of our dealings with store representatives should be polite and professional.
3. Security – All promoters to enter through store security and need to sign the security register.
4. Security markings – All items taken into the store needs to be marked / stickered by security.
5. CGCSA security cards – The promotional company will provide all promoters a card to enter the store with. These cards are endorsed by the Consumer Goods Council of South Africa and will have their information on as well. NO other ID card can be used to enter the store.
6. Booking permission – NO promoter can enter the store for the purpose of promoting without a confirmation of booking from the store. (Ideally a copy of the booking confirmation should accompany promoter to store for quick reference by store management if required.)
7. Promotional area – The promotional area should be clean at all times. Used cups should be removed as often as possible and trash should be kept out of sight.
8. Timing – Promoters need to be on time and stick to the break times as briefed.
9. Promotional items – Should be assembled and used correctly. No personal items should be displayed at the promotional area (should be out of sight e.g. handbags).
10. Respect – Handle store staff, other promotional companies and of course the customer, with respect.
11. Clean up – The promotional area should be cleaned up afterwards.
12. Promotional equipment – Only legal promotional equipment and elements will be allowed such as the standard size table, coupons etc.
13. Your promotional activity should in no way be designed or planned to block competitor products on the store shelf.
14. No racist or related derogatory statements may be made in the store.

Product Training

1. Training – Depending on the brief. However, promoters need to be able to talk knowledgeably about the product. Ideally the unique selling points of the product should be covered.
2. Added value – Should there be added value to the promotion, e.g. coupons or giveaways, the promoter must understand the mechanics.
3. Linked information – Should the in-store promotion be a link to another competition/event involving the same product, it would be beneficial to inform the promoter about it.
4. Product support – Any consumer contact line needs to be communicated to the promoter should a question be raised that cannot be answered or an alternative solution should be discussed beforehand.
5. Communicating – The promoter needs to be armed with enough good quality information to approach customers during the promotion in order to make as many sales as possible.
6. Confusion – Any confusion that can arise about the product (e.g. Halaal or not) or frequently asked questions should be covered in the briefing.
7. Danger issues – Any potential harming information regarding the use by children, allergies or skin irritations etc. should be covered in the brief.
8. Goal of promotion – The goal of the promotion should be clearly communicated beforehand so promoter knows what the expectations are. This may include product awareness, letting people know that the formula has changed or simply sales targets.

Communication & Selling Skills

1. Verbal skills – Promoters should be well spoken and it must be easy to understand them (audible).
2. Promoters need to be confident and capable of communicating the client’s requirements to consumers in such a way that the consumers will understand the message.
3. Selling skills – Basic selling skills and a thorough understanding of the purpose of the promotion is essential.

Food Promoters:

General Dress Code

As the promoter is not preparing food for sale and has a marketing function, the dress of the promoter is important:

• The promoter does not have to wear a mop-cap
• The promoter does not have to wear an overcoat;
• Any suitable dress is required provided that it is clean, neat and appropriate for food handling; sleeves should not touch the food.
• In some cases a themed costume may be used, provided that it is clean, neat and appropriate for food handling.
• Sleeves should not touch the food.

Fresh Food

If entering any service / fresh foods area in the store the following dress code must be adhered to:

• Clean white coat or chef’s jacket (protective clothing may not be worn outside the store or when visiting the toilet)
• Neat closed shoes
• A disposable mop-cap will be issued and this must cover the hair and ears at all times
• Plastic gloves must be worn when handling food

Personal Hygiene

1. All persons handling food are required to be adequately trained in personal hygiene and food safety.
2. Promoters may not eat, drink or chew gum on the shop floor.
3. The promoter’s hands, nails etc must be in accordance with food handling standards.

Food Safety

1. In-store promoters must be professionally dressed.
2. They must comply with the Retailers personal hygiene and food standards.
3. Customers’ safety and interest of hygiene must be observed e.g. clean tasting utensils must be used and a bin provided for used equipment.
4. Product temperature must be retained AT ALL TIMES. Chilled or frozen product may not be displayed at any other temperature, no matter what the period of display may be!
5. Cooking utensils must be CLEAN and neat.
6. The customers’ safety must be considered when it comes to heated equipment and electrical cords.
7. Staff may not eat from in-store demonstrations.

Administration and Monitoring:

To administer, monitor and regulate the live promotions in the store, ZaPOP may be required to take the following actions:

1. Question the promoter with regards to their:
   • Product knowledge
   • Modus operandi
   • Attire
   • Employer
   • Working hours
   • and any other information that will relate to the Promotional Standards as set out in this document
2. Take photos of the promoters while they are in the store.
3. Require the promoter to identify themselves and or their employer.