These rules and provisions serve as guidelines and apply to all categories of sponsorship, parties to sponsorship and sponsorship practices, without exception.
Article 1 - Clarity and accuracy
Sponsorship and all related communications should be clear and accurate to all persons and organisations involved in a sponsorship covering any rights or privileges granted to a sponsor.
Article 2 - Autonomy
- Sponsorship should respect the autonomy of the sponsored party in managing its own activities and properties, provided the sponsored party fulfills the objectives set out in the sponsorship contract.
- Where a sponsored party's intellectual or creative properties are part of a sponsorship agreement, its creative freedom should be respected.
Article 3 - Imitation and confusion
Imitation of the representation of other sponsorships should be avoided if this misleads or generates confusion, even when applied to non-competitive products, companies or events.
Article 4 - Parties to a Sponsorship
- A sponsor should take particular care to safeguard the inherent artistic, cultural, sporting, environmental, media, humanitarian and educational or other content of a sponsored event, activity or organisation and avoid any abuse of its position that may damage the identity, dignity or reputation of the sponsored party.
- A sponsored party should never abuse, defame, demean or impinge the image of trade marks of a sponsor or jeopardise the goodwill or public appreciation earned by these.
- A sponsored party must do whatever they can to protect the sponsor's rights, goodwill and image and must not damage this.
- Advertising on the pitch by an organisation other than the event sponsor is only permitted if the event sponsor is in full agreement and has provided written consent.
Article 5 - The Sponsorship audience
The audience should be clearly informed of the existence of the sponsorship with respect to a particular event, activity, programme or person and the sponsor's own message should not deliberately offend the audience's religious, political or social convictions or professional ethics.
This does not restrict a sponsor from supporting avant-garde or potentially controversial artistic or cultural activities, nor is a sponsor required to censor a sponsored party's message.
Article 6 - Children and Young People
Sponsorship which is addressed to or likely to be influential on children and young people should avoid taking advantage of their natural credulity and lack of experience or of harming children and young people mentally, morally or physically or of straining their sense of loyalty toward parents or guardians.
Article 7 - Artistic and historical objects
- Sponsorship may never be used in a manner that may endanger artistic or historic objects.
- Sponsorship aiming to protect, restore or maintain cultural, artistic or historical properties or their diffusion should respect the interest of the public.
Article 8 - Sponsorship and the environment
- Sponsors and sponsored parties should consider the potential environmental impact of sponsorship in planning, organising and carrying out sponsorship activities.
- Any sponsorship message fully or partially based on a positive or reduced negative environmental impact should be substantiated in terms of actual benefits to be obtained.
Article 9 - Ethics
- Organisations, bodies, facility owners and promoters and other rights holders are ethically bound to be transparent in all their dealings with sponsors. If there is no mention of multiple sponsors in an agreed contract, organisations, bodies, promoters and other right holders are prohibited from dealing with any other potential sponsor for the same rights.
- Sponsors should be included in and kept informed of all the decision making processes of the sponsored party(ies) in respect of the sponsored activity as stipulated in the contract and as this relates directly to the success of the sponsorship.
- Sponsors subscribing to this Code have the right to protect the image of their products or services and brands involved in a sponsorship. A sponsored party is ethically bound to respect this right and should fully adhere to a sponsor's wishes regarding the use of products or services, brands, logos, theme pieces and related material and should fully adhere to a sponsor's wishes regarding the use of products or services, brands, logos, theme pieces and related material consistent with the terms contained in item 1.4 of these rules and provisions.
- Broadcast rights owners should, where possible, offer the event sponsor first right of refusal of the broadcast rights.
- A product or logo that is not directly associated with the sponsor of the event, activity, team, individual or organisation may not be visibly used or displayed during the event.
- Sponsorship agents and consultants are obligated to full disclosure to their client and should be transparent in their dealings. They should not work on behalf of clients (sponsors) that may be competing in the same industry sector. The contractual relationship should be based on a sole mandate.
Unethical behaviour such as double dealings and unscrupulously high commission is unacceptable in terms of this Code, as such practices are detrimental to the sponsorable events and activities.
Article 10 - Honesty
- All parties to a sponsorship should be honest and transparent in all their dealing with other sponsorship parties in accordance with accepted business practices.
- Sponsorships should not be framed in a way that may abuse the trust of consumers or exploit an audience's lack of experience, knowledge or credulity.
Article 11 - Unacceptable sponsorship practices
The following ambush strategies are unacceptable and strictly prohibited under the terms of this Code and shall be subject to the provisions of Clause 5 of this Code:
No organisation, other than an official sponsor, may directly or by implication create an impression that its communications relate to a specific event or create an impression that they are an official sponsor of such an event.
Usage of athletes/sportspersons/performers/artistes:
No organisation, except the sponsor with contractual rights to do so, may use endorsements of athletes, sportspersons, performers or artistes in its advertising to create the perception in consumers' minds that its company is connected with the event sponsorship.
Athletes, performers or artistes with individual sponsorship contracts may not, without specific permission from the primary event sponsor, promote their individual sponsor's logo in any way while associated to the primary event sponsor and subject to the obligations of the primary sponsor's contract as part of the team.
Sponsors with rights to associate with a team (team sponsors) do not have the right to associate themselves with an individual member of that team, unless this is specifically provided for in the agreement between the team, the individual and the sponsor. The onus is on the sponsor to ensure that their rights are protected under the sponsorship contract thereby preventing competing brands or products from legally associating themselves with the event.
Supporting sports federations and bodies:
No organsiation supporting national federations and sporting bodies and promoting its products with logos and names of such federations or sporting bodies may create the impression of being associated with events in which such federations or sporting bodies are participating, unless it has a contractual right to do so.
- Sales promotions before and during an event: No organisation, other than an official sponsor with contractual rights to do so, may launch event-related sales promotions to give the impression of sponsoring such an event. Only an official sponsor may use statements relating to being an official sponsor on its packaging or other promotions.
At major events no organisation, other than those with contractual rights to do so, may offer meeting points for press conferences and VIP's or invite top athletes, performers or artistes for clients and the press, creating the impression that it is sponsoring an event with which it is not legally connected.
Sponsors ambushing sponsors
Where there is more than one official sponsor of an event, there may be specific agreements between sponsors and organisers on the promotional access granted to sponsors under a sponsorship contract. Here one sponsor may not ambush another sponsor by using any aspect of any event not specified in the contract to promote its name.
Airspace should be respected and use must not conflict in any way with the sponsorship.
The event sponsor's rights should be respected by companies and/or brands not associated with the event as far as utilising airspace above the event as a platform for communicating messages to an audience watching the event.
The sponsor should also ensure that the airspace is protected as a condition of the sponsorship of the contracty.
Article 12 - Rights under the South African Constitution
- All rights afforded to individuals and juristic persons under the Constitution of South Africa are to be observed and adhered to in all sponsorship contracts and practices and among all parties to a sponsorship.