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You will find a ready-to-use template at the end of this article.
Your influencer agreement contract should be as complete as possible. You want to cover all – or at least most – factors and issues regarding your business relationship. As with any such relationship, you don’t want to omit or leave anything unclear in case of a legal matter.
So, here are the issues to add:
1. Nondisclosure/ Confidentiality Clauses
You’re likely going to share valuable info with your influencers during your campaign. At the very least, you’ll disclose some login details. But you could go further and discuss very sensitive insights with these people.
So, if you don’t want your company secrets to get out, you need this NDA.
Also – be very precise about factors that can affect this NDA. Your influencer is probably working from home or using their computer at a café. If that happens, you have to enforce a clean-desk/ clean-screen policy to ensure nobody nearby can see what’s on their screens.
2. Compensation
Be very specific about how you’re planning to pay your influencers, such as:
- Flat charges
- Affiliate commissions
- Cost per action (click, comment, post, etc.)
- Product seeding
- Rewards
Remember: Influencers work as independent contractors, so you need them to give you:
- 1099 form
- Independent contractor agreement
3. Campaign Schedule
This part of your influencer agreement contract ensures that your campaign goes as planned. Include:
- Timeline
- Milestones
- Dates at which your influencer posts
- How these messages are disseminated (channel, visual support, etc.)
- How often the influencer should post during your contract
4. Campaign Guidelines
This point covers brand image-related issues. Sometimes, your influencers may not understand your intentions precisely, and other times, they believe that a more direct tone or an excess of honesty will benefit your campaign.
And while you should give your influencer enough flexibility to ensure unique content, you should also impose strict guidelines. Dealing with your influencers is much like parenting: you have to set kind but firm limits for your kids – and brand ambassadors – to reach their fullest potentials.
So, define precisely your campaign’s:
- Tone
- Style
- Language
Just make sure your influencer doesn’t post your editor’s comments like Scott Disick and Naomi Campbell did.
5. Influencer Guidelines
You chose a specific influencer because their image fits your brand; as such, they shouldn’t change it during your campaign. If they do, they can completely mess with your audience’s trust in your product.
So, for the sake of authenticity and consistency, outline how your influencer is supposed to keep that same image, for instance, maintain the same:
- Weight
- Hair color
- Interests
- Product preferences
- People they spend time with
6. Consumer Privacy Law
If your influencers are using affiliate links to promote your products, you want to make sure they do so safely because, in some cases, they’ll deal with your customers’ private info. So, if they don’t keep your consumer data privacy, they’re liable for prosecution.
Thus, make sure your influencer agreement contract explains all compliance standards regarding data privacy.
7. Campaign Deliverables
This point in the influencer agreement contract details all the things that your influencer will deliver to you:
- Blog posts
- Videos
- Photos
- Reviews
- A combination of all of the above
8. Brand Exclusivity
You don’t want your influencers to promote both your products and the competition’s. So, include an exclusivity clause in your agreement for a reasonable period during and after your campaign.
9. Content Rights
Once that influencer gives you their content, you should have all the rights to it. Make sure that’s written black on white in your contract.
So even if your contract ends, you can repurpose influencer content any time you need to during other campaigns. Make sure the influencer understands what you can do with their content:
- Display
- Distribute
- Edit
- Publish
- Repost
- Reproduce
- Share
10. Reasons for Termination
Contract termination isn’t something you’re looking forward to, but you need to plan for it. It’s basically like a funeral. Or, for some people, a wedding.
So, include specific grounds for termination and what you and your influencer will do in that case.
How do I Know what to Include in My Influencer Contract?
Most of the things that you’ll include in your contract are included in the list above, though you may think of other liability issues as well. The point is to cover for both parties’ obligations and rights as clearly as possible.
So, the best advice is to consult a marketing lawyer before proceeding, especially if you want to avoid a civil lawsuit or fine. Alternatively, you can get in touch with a specialized influencer agency like inBeat.
Influencer contracts are what we do for a living, so we know all the legal intricacies. Also, we’ve worked with different companies, so we understand which possible problems can arise in various industries.
Using all this experience, we’ll help you personalize your contract to cover all possible problems. Alternatively, you can download a free template for general use here.
INFLUENCER AGREEMENT TEMPLATE
Influencer Information
Name: First Name Last Name
- Phone Number
- Address
- Street Address
- Street Address Line 2
- City State / Province
- Postal / Zip Code
Social Media Accounts
- YouTube
Company Information
- Contact Name: First Name Last Name
- Company Name
- Address
- Street Address
- Street Address Line 2
- City State / Province
- Postal / Zip Code
Campaign Information
- Start Date Date
- End Date
- Date
- Total Payment ($)
- Payment Method
- Who will own the copyright of the media (image or video) uploaded
Advertiser / Influencer
- Is approval needed for the content created?
Needed/ Not needed
Terms and Conditions
I. INTRODUCTION
This contract is between the __________ (hereinafter known as Influencer) and the _________ (hereinafter known as Advertiser).
II. ACKNOWLEDGMENT
The advertiser and the influencer acknowledge the terms of this Contract and will comply.
III. TERMS
This contract starts on __________ and ends on __________.
IV. PAYMENT FEES
A. The total payment is $__________.
B. Payment is made by __________.
C. The payment is made at ___________.
V. CONTENT REQUIREMENTS
A. The influencer should create original content, which is ______ (e.g., funny, honest, and factual).
B. The advertiser’s approval is ___needed/ not needed_______ before uploading the content.
C. The influencer should share the approved content on the following social media channels: ___________.
D. The advertiser can demand the influencer to add ___________ (e.g., hashtags, links, photos, etc.).
E. The content should comply with the terms and conditions of the platform it’s posted on.
F. The content should not contain __________ (e.g., any vulgar language, particular references, etc.).
VI. COPYRIGHT
The ___influencer/advertiser______ will own the copyright of all the created content during this campaign. Both parties may share this content on their respective platforms.
VII. CONFIDENTIALITY
This contract is strictly confidential, and only authorized persons are allowed to review it. The information shared by the advertiser to the influencer SUCH AS BUT NOT LIMITED TO any login information, company details, and possible conversations are also confidential.
The influencer should keep any documents pertaining to the company and this campaign away from other people.
VIII. AMENDMENT
This contract can only be changed or modified through the written consent of both parties (Advertiser and Influencer).
IX. GOVERNING LAW
This contract shall be governed under the laws of __________ (State/Country).