Influencer Agreement

What is an influencer agreement?

An influencer agreement is a document designed for a brand or company and a person with a significant following on social media, known as an influencer, to outline the terms and conditions of the influencer promoting the brand's goods or services. Typically, the influencer will work to promote the advertiser's products or services using social networks and media online. The rise of the social media influencer has led to an uptick in these types of relationships, with many more brands and companies looking to hire influencers to grow their customer base.

What is the difference between an influencer agreement and an affiliate agreement?

Although both documents involve a person promoting for a brand, they involve different purposes, structures, and types of compensation.

An influencer agreement involves an influencer collaborating with the brand to promote the brand and raise awareness of the brand on social media. The influencer is responsible for creating engaging branded content, working closely with the brand. They are often compensated with fixed payments as well as additional perks, such as brand trips or free products.

An affiliate agreement has the purpose of driving direct sales through customized links. The affiliate marketer opts into the affiliate marketing program, but does not work directly with the brand in creating content. The affiliate marketer is usually compensated through commission, with payments tied to the number of clicks or sales as a result of their links.

Is it mandatory to have an influencer agreement?

No, it is not mandatory to have an influencer agreement. Especially for smaller brands, they may create more informal arrangements to have friends, family, or local influencers spread word of their business. However, for larger brands and influencers with a significant reach, it is often important to formally lay out the terms of their agreement to create a successful campaign for the brand.

What is a "campaign"?

In the context of an influencer agreement, a campaign is a planned out set of activities and strategies designed to achieve a specific marketing goal over a period of time using social media platforms. Campaigns typically have a specific goal and are meant to focus on promoting one product or service to a particular audience.

Who cannot enter into an influencer agreement?

Generally, people under the age of 18 years old, known as minors, may not enter into influencer agreements or other contracts. If they would like to enter into a contract, it is typically necessary for the brand to get the consent of their parents or legal guardians.

What cannot be included in an influencer agreement?

Many social media platforms require that influencers disclose when a post is sponsored or the result of a paid deal with a brand. Therefore, the influencer agreement may not specify that influencers refrain from making this sort of required disclosure.

What is the duration of an influencer agreement?

Although influencer agreements are typically used for specific campaigns or services provided to a brand in a limited scope, an influencer agreement may also be indefinite.

What has to be done once the influencer agreement is written?

Once the agreement is complete, both the influencer and brand should sign and date the influencer agreement. The document does not need to be notarized or witnessed to be legally binding. The parties should each save a copy of the influencer agreement in their files for future reference and in case of dispute or disagreement.

What must an influencer agreement include?

A valid influencer agreement must include at least the following mandatory clauses:

• Identifying information: The influencer agreement includes the name, address, and contact information for both the influencer and the brand. The document also names all the influencer's relevant social media handles on the platforms where they plan to promote the brand.
• Scope of services: The influencer agreement outlines the services that will be provided by the influencer to the brand. This includes a description of any campaigns or ongoing social media advertising projects that the influencer will be responsible for creating.
• Payment terms: The influencer agreement will include a description of when, how, and how much the influencer will be paid for their services. This can include details such as flat rate payments, per post fees, and bonuses.
• Important dates: The influencer agreement details any important dates in the agreement, such as deadlines when particular posts must be made and the end date of the agreement if the parties already know it.

In addition to the above mandatory clauses, the following information may also be included:

• Post requirements: The brand has the option to specify any requirements they have for the influencer's promotional posts, such as specific hashtags or logos to be used or prior approval from the brand before posting.

Which laws are applicable to influencer agreements?

Influencer agreements in the United States are subject to both federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. Federal laws may restrict which services may be contracted for (e.g., no one may contract for anything illegal) and certain broad categories, like contracting for something that looks more like an employment relationship.

However, individual state laws usually govern the interpretation of the contract in case of a dispute. Most times, because influencer marketing happens online, the agreement will also be subject to the online advertising rules of the Federal Trade Commission.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.