Influencer Marketing Contract Template
An influencer marketing contract is a legally binding agreement between an influencer or brand ambassador and a company. The company or advertiser retains the services of an influencer to market or promote their services or products. Influencers are usually popular content creators on social media platforms, and companies retain influencers so their products or services can reach a broad audience.
- Influencers play an essential role in the content marketing world.
- This influencer marketing contract pdf template is universal and can be tailored to fit a company’s specific needs.
- Other names for an influencer marketing contract include social media influencer agreement, brand influencer contract, influencer agreement, and influencer campaign agreement.
What is an Influencer?
Influencers reach a large audience across various social media platforms. Many consumers look to influencers to determine what product they should try next. It is a powerful way to market a company’s products. Depending on the company’s product or service, they will first determine which influencer best fits their brand.
For example, a make-up company may wish to retain a popular influencer who engages in YouTube make-up tutorials. The company may reach out and negotiate an agreement where the influencer uses its products on their YouTube channel. Companies and advertisers alike have reaped the benefits of utilizing influencers to market their products.
Why do I need an Influencer Marketing Contract?
An influencer marketing contract is a written legal agreement that defines the working relationship between the influencer and the company. It is important for the company to spell out its expectations of the influencer. The influencer marketing agreement organizes the roles of each party and memorializes the terms both parties have agreed to.
An influencer marketing agreement is a vital part of any arrangement between a social media influencer and a company. It protects both parties from any dispute that may arise from mistakes or misconduct. It is essential to lay down the foundation on the front end and make sure all parties are on the same page.
What Should be Included in an Influencer Marketing Contract?
The influencer marketing contract should encompass the content creation process and the influencer’s obligations under the agreement. A well-drafted social media influencer agreement usually includes the following:
- Parties – The Company and Influencer should be identified in the contract, along with each of the party’s contact information. The agreement should also incorporate the type of business the company is engaged in and what product or services they offer.
- Scope of Services – The marketing campaign will vary depending on the company’s product or service. It will also differ based upon which medium or social media platform the company is retaining the influencer for. The contract should thoroughly list what the company expects of the influencer, such as how many blogs, videos, or specifics of certain content. The company may also require the influencer to incorporate specific hashtags.
- Deadlines – Any deadlines for any project under the agreement should be included. A company may also wish to review content before the influencer can post it. If that is the case, the contract should also specify how many days the company has to review and request any changes or revisions to the content.
- Brand Guidelines – Each brand will adhere to specific guidelines. The company will provide particular requirements and set parameters for what the influencer is permitted to do in their role as a brand ambassador or influencer during the marketing campaign. This section may also explain the content requirements for each post, status, blog, video, etc.
- Terms of Payment – The company may pay a flat fee or hourly rate. Additionally, the company may pay based upon the success of the project. Either way, it needs to be clearly listed in the influencer marketing contract. The method of payment is also crucial. The influencer can stipulate which method of payment they prefer (Check, PayPal, CashApp, Venmo, etc.).
- Usage and License – The social media marketing agreement should also define the ownership rights for all work and content produced under the contract.
- Compliance with the FTC and Material Disclosures – The Federal Trade Commission (FTC) sets forth specific guidelines that must be followed under federal laws. The company and the influencer should be familiar with the requirements and legal consequences of not following the guidelines.
- Exclusivity – It is not uncommon for an influencer to work with other companies. Some companies may offer the same or similar products or services. It is crucial for the parties to discuss the exclusivity. If the company requires the influencer to be exclusive, they may require a non-compete agreement. Nonetheless, it should be specified in the main agreement.
There are many other vital components to an influencer marketing contract, such as the term of the agreement and the procedures for the termination of the contract, confidentiality, equipment requirements, and other standard contract provisions.
What are the Most Common Mistakes in an Influencer Marketing Contract?
The Federal Trade Commission (FTC) has strict requirements that influencers must adhere to. The FTC requires an influencer that is being paid to endorse a product or service to unambiguously disclose their relationship with the company. Such disclosures are required irrespective of any space or character limitations of a medium, where the disclosure can be made via hashtags. For example, on Twitter, the influencer can satisfy this requirement by adding #ad or #sponsored.
A company should consult with a licensed attorney when drafting an influencer marketing contract. The attorney can review the document and provide recommendations based on applicable state and federal laws. An attorney can provide sound legal advice to ensure your company complies with certain legal standards.
How to get an Influencer Marketing Agreement Signed
ApproveMe has the solution to obtaining an electronic, legally binding signature on your influencer marketing contract. E-signatures are ideal for influencers and companies alike. Most of the time, with these kinds of marketing campaigns, the parties reside in different states or different countries. The most accessible and hassle-free way to get your agreement signed is through ApproveMe.
Resources to Help you Find the Perfect Influencer
Locating the perfect influencer that best represents your brand can be a challenge. Influencers come in many forms. There are some fabulous sources out there to help you discover an influencer that will make your next marketing campaign a success. Here are a few resources to consider:
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Influencer Marketing Contract
This Influencer Marketing Agreement (“Agreement”) dated on this ___ day of _______, 20__ (the “Effective Date”) is made between __________________________ (the “Company”) and _______________________ (the “Influencer”), herein collectively referred to as the “Parties” for the purpose of setting forth the exclusive terms and conditions by which the Company desires to acquire the marketing services from the Influencer.
WHEREAS, the Influencer agrees to provide promotional and marketing services, including the design and implementation of certain promotional campaigns, including but not limited to, serve as a brand ambassador, actively participate in social media and advertising campaigns across various social applications;
WHEREAS, the Company is in the business of ________________________________________________ and sells _____________________________ (“Product or Service”).
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Scope of Services and Influencer’s Responsibilities.
The Company retains the above Influencer, and the Influencer agrees to perform for the Company certain marketing services set forth in Exhibit A to this Agreement (the “Services”). The Company’s Brand Guidelines are set forth and attached hereto as Exhibit B. Any Service outside of the scope as defined in Exhibit A to this Agreement may require a new Agreement for other services, including separate promotional or marketing campaigns expressly agreed to by the Parties.
The Influencer agrees to engage in the best and commercially reasonable efforts to provide the Services to Company in accordance with the terms of this Agreement. The Influencer further agrees to provide the Services in a professional and diligent manner consistent with industry standards and good business practice, using efforts comparable to those customarily used in promotional social media and various marketing campaigns of equivalent value and for similar products or services.
The Influencer shall deliver the agreed upon number of posts and/or other relevant content as defined in Exhibit A on the agreed upon platforms. The Services provided by the Influencer shall conform with the instructions and specifications of the Company as detailed in Exhibit B and abide by the terms and conditions of the applicable platforms.
If the Company wishes to review the content before the Influencer posts the content, the Company has a maximum of ____ days to reject any deliverable provided by the Influencer in accordance with this Influencer Agreement and must notify the Influencer within ___ days of receipt of any supplementary revisions or amendments that are requested by the Company or Brand Affiliates.
Time is of the Essence. The Influencer hereby understands and acknowledges that time is of the essence with respect to the Influencer’s obligations defined in this Influencer Contract and that prompt and timely performance of all such obligations is strictly required.
Consideration and Compensation. In exchange for the full, prompt, and satisfactory performance of all Services to be rendered to the Company (as determined by the Company), the Influencer shall be compensated as follows:
Payments must be made to the Influencer by PayPal, CashApp, Venmo, check, or any other approved method of payment accepted by the Influencer.
Content Requirements. The Influencer agrees to create original content that is honest and factual. The
approval from the Company may be required prior to the Influencer uploading or publishing the content. The approved content shall be shared by the Influencer to their agreed upon social media accounts, including but not limited to, YouTube, Facebook, Twitter, Instagram, Tiktok, Snapchat, Byte, Tumblr, Vine, Google+, Blogs and Pinterest.
The Company may request the Influencer to incorporate hashtags, links, titles, or other relevant information of the media and content being uploaded or published. The Content must be in compliance with the terms and conditions of the social media.
Compliance with FTC Guidelines and Material Disclosures. The Influencer agrees that when publishing content, such as posts, statuses, or anything of the like, that they must visibly disclosure their “material connection” with the Company. The Influencer agrees to abide by the guidelines set forth by the Federal Trade Commission (FTC) This includes the fact that the Influencer was provided with consideration and was provided with experiences or is being paid for a certain service.
The disclosure should be clear and conspicuous made within close proximity to any statements the Influencer makes about the Company or their Products for Services. Such disclosures are required irrespective of any space or character limitations of a medium, where the disclosure can be made via Hashtags. For example, on Twitter, #sponsored. The Influencer understands and agrees that they are to make only honest and factual statements and representations about the Company or the Company’s products of which the Influencer knows with confidence that the statements are truthful and can be verified.
Usage and License. The Company shall cause the Influencer to grant to the Company and to any Brand Affiliates, a limited, non-exclusive, royalty free, and license and right to feature content created by the Influencer as part of the campaign, including the Influencer’s name and screenname(s), on the Company’s and Brand Affiliates controlled and owned social media platforms and within third-party digital platforms.
The Company grants the Influencer a temporary license to use the Brand Affiliates promotional materials and name as necessary to achieve the promotional purpose respecting the guidelines herein. The Influencer grants an ongoing license to use the Influencer’s name or appropriate handle in all medical including, but not limited to the Company or the Brand Affiliates website and on social media sites. Additionally, applying to all formats of media such as digital and print advertising.
Copyright. The Company will own the full and complete copyright to the uploaded media. However, both Parties are permitted to share the content subject to this Agreement within their own channels.
Confidentiality. Throughout the duration of this Agreement, it may be necessary for the Influencer to have access to the Company’s confidential and protected information for the sole purpose of performing the Services subject to this Agreement.
The Influencer is not permitted to share or disclose such confidential information whatsoever, unless mandated by law, without written permission from the Company. The Influencer’s obligation of confidentiality will survive the termination of this Influencer Marketing Agreement and stay in place indefinitely. Upon the termination of this Agreement, the Influencer agrees to return to the Company any and all Confidential Information that is the property of the Company.
Further, the Influencer shall promptly return to the Company all copies, whether in written, electronic, or other form or media, of the Company’s Confidential Information, or destroy all such copies and certify in writing to the Company that such Confidential Information has been destroyed. In addition, the Influencer shall also destroy all copies of any Notes created by the Influencer or its authorized Representatives and certify in writing to the Company that such copies have been destroyed.
No Exclusivity. The Parties subject to this Agreement understand and acknowledge that this Agreement is not exclusive. Each Party respectively agrees that they are free to enter into other similar Agreements with other parties, unless otherwise stipulated and agreed to by the Parties.
Equipment. The Influencer, at their own expense, shall furnish their own equipment necessary to deliver and complete the Services as defined under this Agreement unless otherwise agreed upon by the parties. If the Influencer does not have the equipment necessary for the Services required under this Agreement, the Company shall furnish the equipment necessary unless otherwise agreed upon by the Parties. Should the Company not furnish the agreed upon equipment, the Company understands they shall be responsible for reimbursing the Influencer for all expenses incurred.
Independent Contractor. Company and Influencer expressly agree and understand that the above-listed Influencer is a contractor hired by the Company and nothing in this Agreement shall be construed in any way or manner, to create between them a relationship of employer and employee, principal and agent, partners or any other relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of the Agreement.
Accordingly, the Influencer acknowledges that neither the Influencer or the Influencer’s Employees are not eligible for any benefits, including, but not limited to, health insurance, retirement plans or stock option plans. The Influencer is not the agent of the Company and is not authorized and shall not have the power or authority to bind the Company or incur any liability or obligation, or act on behalf of the Company. At no time shall the Influencer represent that it is an agent of the Company, or that any of the views, advice, statements and/or information that may be provided while performing the Services are those for the Company.
The Influencer is not entitled to receive any other compensation or any benefits from the Company. Except as otherwise required by law, the Company shall not withhold any sums or payments made to the Influencer for social security or other federal, state, or local tax liabilities or contributions, and all withholdings, liabilities, and contributions shall be solely the Influencer’s responsibility. The Influencer further understands and agrees that the Services are not covered under the unemployment compensation laws and are not intended to be covered by workers’ compensation laws.
The Influencer is solely responsible for directing and controlling the performance of the Services, including the time, place and manner in which the Services are performed. The Influencer shall use its best efforts, energy and skill in its own name and in such manner as it sees fit.
Termination. This Influencer Marketing Agreement may be terminated at any time by mutual agreement by the Company and the Influencer.
This Influencer Marketing Contract shall be effective on the date hereof and shall continue until terminated by either party upon _____ business days written notice.
The Company understands that the Influencer may terminate this agreement at any time if the Company fails to pay for the Services provided under this Agreement or if the Company breaches any other material provision listed in this Influencer Marketing Agreement. Company agrees to pay any outstanding balances within _____ days of termination.
Dispute Resolution and Governing Law. Parties to this Agreement shall first attempt to settle any dispute through good-faith negotiation. If the dispute cannot be settled between the parties via negotiation, either party may initiate mediation or binding arbitration in the State of ________________.
If the parties do not wish to mediate or arbitrate the dispute and litigation is necessary, this Agreement will be interpreted based on the laws of the State of _________________, without regard to the conflict of law provisions of such state. The Parties agree the dispute will be resolved in a court of competent jurisdiction in the State of ______________________.
Legal Fees. Should a dispute between the named Parties arise lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.
Warranties and Representations. The Parties to this Agreement fully represent that they are authorized to enter into this Influencer Marketing Agreement. The obligations and performance of either the Company or Influencer shall not infringe upon or violate the rights of any third party or violate any other agreement between the Principal or Agent, any other individual, business entity, or formal organization, or interfere with any law and or governmental regulation.
Force Majeure. Influencer and any of its employees or agents shall not be in breach of this Influencer Marketing Agreement for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Influencer.
No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by either party without the prior written consent of the other party.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile. email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
Electronic Signatures. This Agreement and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Captions for Convenience. All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.
No Waiver. No waiver of or failure to act upon any of the provisions of this Agreement or any right or remedy arising under this Agreement shall be deemed or shall constitute a waiver of any other provisions, rights or remedies (whether similar or dissimilar).
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.
[Signatures on Following Page]
IN WITNESS WHEREOF, the undersigned have executed this Influencer Marketing Agreement effective as of the _____day of ________________, 20__ (the “Effective Date”).
Dated: _______________ Dated: _______________
Company’s Signature Influencer’s Signature
Company’s Printed Name or Entity Influencer’s Printed Name or Entity
Company’s Contact Information: Influencer’s Contact Information:
Phone Number(s): Phone Number(s):
Email Address: __________________________ Email Address: __________________________
Services, Campaign(s), and Promotional Mix
The Influencer agrees to provide the following marketing services:
|Promotional Mix:|| |
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