Influencer marketing is one of the most effective marketing channels in the mix. However, due to its almost guerrilla origins, campaigns are often based on verbal agreements and DMs.
Due to its informal roots, marketers and influencers often leave themselves open to disagreements and disputes on the campaign that can leave both parties sour and disappointed.
It does not have to be. Many brands and agencies routinely employ fully legal and binding contracts to ensure both parties are entirely accountable for their side of the deal.
In this article, we will explore when it is crucial to have a contract or agreement in place and when it is not necessary, discuss the most common clauses and sections of an influencer contract, and give you example layouts and a template to start with.
Influencer Contract VS Influencer Brief
Most influencer marketers and influencers are very familiar with briefs. They are meant to give the influencer an overview of the campaign and include stylistic recommendations, messaging guidelines, platforms used in the campaign, and other helpful information.
However, influencer briefs are non-binding and are meant only to inform about the campaign details.
Contracts are more detailed and specifically cover what the brand expects from the influencer, the timeline, and the compensation details.
The contract will also include various clauses that can guarantee both parties’ rights or coverage for specific situations and penalties for noncompliance.
What is an Influencer Agreement For? And What Not?
Any time you pay an influencer for a post, a story, or a product review, you should have a contract in place. It guarantees that both parties receive what they expect and sets rules for content usage, the specifics of the collaboration, and even non-competition clauses.
If you are executing an influencer seeding campaign in which you send products with no strings attached in an attempt to generate reviews and buzz, you don’t need a contract. This is true for all spontaneous influencer activations.
Simple Influencer Contract Template
This Collaboration Agreement (“Agreement”) is made effective as of [Effective Date], by and between [Your Brand], located at [Brand Address], and [Influencer], located at [Influencer Address].
Parties and Purpose
The purpose of this Agreement is for [Influencer] to create and publish [Content] for [Brand] on [Platform]. The content shall be available for [30 days, 90 days, etc.], and must follow the guidelines provided in [Brief], in compliance with all applicable local laws and regulations.
This section establishes the base of the contract. It should clearly state how many pieces of content the influencer should create, exactly what kind of content, and the platform. It is also possible to refer to the brief to introduce it in the contract.
Exclusivity
During the term of this Agreement, and for six (6) months thereafter, [Influencer] agrees not to engage in any promotional activity for any competitors of [Brand].
The time can be adjusted accordingly, but often, retaining a longer period of exclusivity translates into higher costs due to potentially missed opportunities for the creator.
Content Revisions
[Influencer] agrees to provide up to three (3) revisions of the content if it does not meet the agreed guidelines or expectations outlined in [Brief].
This section can also include a recession clause if, after the agreed-upon number of reviews, the content still does not satisfy.
Content Ownership
Option 1:
Upon creation, [Brand] shall own all rights, titles, and interests in the content produced by [Influencer]. [Influencer] agrees to assign all rights to [Brand] upon content delivery.
Option 2:
[Influencer] retains ownership of the content but grants [Brand] a perpetual, non-exclusive, worldwide license to use, distribute, and promote the content on [Platform] and other promotional channels.
There are many different possibilities for dividing content ownership. These are the two most common.
In the first option, the brand is the sole and only owner of the content, making it possible for the brand to do anything it wants with it.
In the second version, the influencer retains ownership but grants the brand the right to use it in its material.
Both versions can be fine-tuned to adapt to the needs of both parties.
Content ownership is a crucial part of many influencer campaigns since it allows the content to be repurposed and used by the brand through its other marketing channels.
Confidentiality
[Influencer] agrees to keep all details of this collaboration confidential until the campaign goes live. After the content is made public, [Influencer] may disclose their participation.
It’s not always necessary, but in some cases, your brand may want to ensure that the news of the collaboration does not break before its time.
Option 1 – Fixed Payment:
[Brand] agrees to compensate [Influencer] with a fixed payment of [Monetary Amount] for the creation and publishing of the content.
Option 2 – Compensation in Product:
[Brand] agrees to provide [Influencer] with [Products] as compensation for the collaboration.
Option 3 – Mixed Compensation:
[Brand] agrees to compensate [Influencer] with a combination of [Monetary Amount] and [Products].
Option 4 – CPM Based Compensation:
[Brand] agrees to compensate [Influencer] based on a CPM (Cost Per Thousand Impressions) model, where [influencer] will receive [Monetary Amount] per 1,000 views/impressions of the content on [Platform].
Option 5 – CPM Based with Minimum Guarantees:
[Brand] agrees to a CPM-based compensation model with a guaranteed performance threshold. [Influencer] will be paid [Monetary Amount] per 1,000 impressions, but at least [Minimum Number of Impressions] must be achieved. If the content underperforms, compensation will be adjusted accordingly.
Option 6 – Affiliate Compensation:
[Brand] agrees to compensate [Influencer] based on affiliate marketing. [Influencer] will receive [Percentage]% of sales generated through a unique affiliate link provided by [Brand].
It is difficult to know what the best compensation model for any campaign will be; this is why we provide you with six different possibilities to choose from.
You can change them to fit your goals and budget better.
No Assignment
[Influencer] may not assign or delegate any of their rights or obligations under this Agreement without the prior written consent of [Brand].
No assignment clauses are commonly used to prevent the parties from subcontracting the contract’s duties to a third party.
Force Majeure
If either party is unable to perform their obligations due to an event of force majeure (e.g., natural disasters, illness), they may terminate the Agreement if the event continues for a prolonged period of [Duration].
There are always things we cannot account for, and it can be useful to have a clause to terminate the contract in case of long delays or a party’s incapacitation.
Arbitration
Any disputes arising under this Agreement will be resolved through binding arbitration under the rules of [Insert Arbitration Organization], with the arbitration decision being final and enforceable in a court of law.
Going to court can be long and expensive, so you can prevent it with an arbitration clause. This makes it possible to solve any arising issue by bypassing the courts while still having a fair process.
Termination
This Agreement may be terminated by either party for cause, including but not limited to failure to deliver the agreed-upon content or breach of any other term of this Agreement.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Collaboration Agreement as of the Effective Date.
[Brand]
By: __________________________________________
Name: [Brand Representative Name]
Title: [Brand Representative Title]
Date: ________________________________________
[Influencer]
By: __________________________________________
Name: [Influencer Name]
Title: [Influencer Title]
Date: _______________________________________
You are good to go. Once you have selected the necessary clauses, be sure to run your contract through a proper lawyer or your legal department.
This is meant to be just an example. Before using it, you should verify that it complies with your local laws and regulations.
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