Commissioning an influencer for their content requires a legal contract. Why? To ensure there are no miscommunications, and to protect both your brand’s and the influencer’s rights.
Creating a clear influencer contract will help your influencers understand the requirements of the campaign and outline the fair compensation the influencer will receive for their work. It will also eliminate any legal troubles down the road.
- Standard term agreements
- Scope of work
- Advertising Regulation Requirements
- Confidentiality and Exclusivity
- Standard Conditions
1. Standard Term Agreements
This section should include the basics including,
- Description: Have a simple description of the contract. It’s best to include the name of the campaign, the influencer’s social media handle, and the number of deliverables expected.
- Dates: You should include the date you drew up the contract as well as the timeline of the partnership. Make sure to include the right timeframe depending on if the contract is for a one-off campaign or a longer-term partnership.
- Influencer’s Information: This includes legal name, address, and email and is important for contacting the influencer and processing payments.
2. Scope of work
This section should include all of the details about the partnership. It’s important to include aspects like,
- Deliverables: Share exactly what the influencer is expected to do as part of this contract. How many posts are you contracting? Which platforms will these go live on? How many rounds of edits will your team want?
- Content and posting schedule: This section should include any review and posting dates. This is especially important if you are creating a longer-term contract that includes multiple deliverables to go live at different times.
- Posting Requirements: This is where you list all of your mandatory hashtags or any details that you deem as mandatory for the influencer to include. Share what should and should not be included in the content (which is something you likely have already outlined in your influencer brief). It’s also important to include any clauses about penalties for late posting.
3. Advertising Regulation Requirements
For brands looking to work with influencers in the US, you will need to follow the Federal Trade Committee (FTC) requirements. The FTC requires influencers and marketers to state their commercial relationship when promoting or endorsing any products or services. All paid posts should have #sponsored or #ad in the copy or caption of the posts. It is important for influencers to stay compliant with the FTC guidelines, so brands should include the FTC requirements in the Posting Requirement section of the contract.
If your brand tends to market towards a younger demographic, make sure that your influencer partner is aware of the Children’s Advertising Review Unit (“CARU”). This organization aims to protect children under the age of 13 from deceptive or inappropriate advertising.
If your team operates on a global scale, make sure to check the advertising regulations for each country as they may have different or stricter regulation requirements. For example, France’s Advertising Advisory Board, ARPP, has very strict advertising rules. Many brands, like Club Med, require all of their influencer partners to pass the ARPP certificate.
Providing free product, paying an agreed flat rate, or making performance-based cash payments (affiliate programs) are a few of the ways a brand can pay an influencer. It’s important to outline what the influencer will receive in exchange for the content.
Other items to consider including:
- Expenses: Will your brand cover any travel expenses? This is especially important for any influencer trips or events.
- Usage Terms: Will you be owning the rights to boost an influencer’s content for an amount of time? Influencers often have a monthly rate for brands to own the rights to their content.
- Bonus incentives: If your influencer is able to get X amount of sales through their code, will they get an extra reward?
This is also where you want to include your payment terms. What will the method of payment be? Do you require any additional information (e.g. W9 form)? When will the influencer get paid?
5. Confidentiality and Exclusivity
It is likely that any business working with an influencer will share private and relatively sensitive information. Including a confidentiality clause in an influencer contract is essential for a company as it safeguards sensitive information, protects competitive advantages, preserves brand image, and ensures the responsible handling of customer data.
This clause also helps prevent leaks, provides legal recourse in case of breaches, aids in compliance with regulations, fosters trust, sets clear expectations, and ultimately offers peace of mind when collaborating with influencers. It’s important to be clear with your influencers what is and what is not confidential information, so they do not run the risk of sharing any sensitive information.
Pro Tip: If you know that there is a typical list of things you’ll want to share with your influencers, but not the rest of the world (e.g. secret ingredient, contract or payment terms, etc.), then you might consider drawing up a standard nondisclosure agreement (NDA). This NDA would then get attached to every influencer contract as part of your standard procedure.
Often brands will also ask for exclusivity rights meaning that an influencer can not directly work with a brand’s competition. This is an important conversation to have with your influencer before you draft up the contract. In most cases, you’ll ask for exclusivity rights for a certain period of time. For example, if an influencer works for Adidas, then it would be typical to include a phrase saying they couldn’t work with Nike for five months.
6. Standard Conditions
Below is a list of standard conditions to include in your influencer contract.
- Intellectual Property Ownership. Including an Intellectual Property (IP) ownership clause in your influencer contract is crucial for safeguarding your assets and maintaining control over the content created. It ensures that your brand has exclusive rights to the content, preventing unauthorized use and allowing for content repurposing across various campaigns. By establishing ownership, you future-proof your marketing efforts, ensuring continued control even if the influencer relationship changes, making it an essential element in influencer contracts for both parties benefit.
- Non-Disparagement. A nondisparagement clause helps protect the brand’s image and consistency, preventing influencers from making damaging statements about the company, its products, or employees. Additionally, it provides a legal basis for action in case of breaches, preserves marketing investments, and discourages public airing of grievances, thereby maintaining control over content. It’s essential to draft these clauses carefully to ensure fairness and legality. Work with your legal team, or seek legal counsel, to ensure the contract aligns with your company’s specific needs and objectives.
- Termination clause. Having a termination clause in your influencer contract as a company is crucial for several reasons. It provides flexibility to end partnerships if circumstances change or performance expectations aren’t met, encouraging influencers to deliver their best work. Additionally, it mitigates risks by allowing swift termination in cases of unethical behavior or negative brand representation.
Disclaimer For Using Traackr’s Free Influencer Marketing Contract Template:
This influencer marketing contract template is provided by Traackr for informational purposes only and should not be considered legal advice. The use of this template does not create an attorney-client relationship between you and Traackr. While we have made efforts to provide a comprehensive and useful template, it is essential to consult with legal counsel or a qualified attorney to tailor the contract to your specific needs and ensure compliance with relevant laws and regulations.
Traackr is not responsible for any legal consequences or disputes that may arise from the use of this template, and users should exercise due diligence in reviewing and customizing the contract to suit their unique circumstances and jurisdictional requirements. Your use of this template is at your own risk, and you agree to hold harmless and indemnify the creators, distributors, and providers of this template from any liability, claims, or damages arising from its use or reliance upon its contents.
ADDITIONALLY, PLEASE BE AWARE THAT THE INFLUENCER MARKETING LANDSCAPE IS CONSTANTLY EVOLVING, AND LEGAL REQUIREMENTS MAY CHANGE OVER TIME. IT IS YOUR RESPONSIBILITY TO STAY INFORMED ABOUT ANY UPDATES OR REVISIONS TO LAWS AND REGULATIONS THAT MAY IMPACT YOUR INFLUENCER MARKETING ACTIVITIES. THIS TEMPLATE SHOULD BE CONSIDERED A STARTING POINT AND NOT A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE.