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Think of an influencer agreement as a marriage license; it might seem reductive, but you need to outline the terms of your contract.
Your spiritual ceremony in Bali won’t count for much when or if you’re trying to settle alimony.
Our years of experience as an influencer discovery platform showed us it’s the same with any influencer marketing campaign.
Many of our clients who didn't have thorough influencer agreement contracts suffered the consequences.
That's why you want to cover all factors and issues regarding your business relationship.
As with any such relationship, you don’t want to omit anything or leave matters unclear.
We'll help you with our ready-to-use influencer contract template.
We'll also explain why you need this document and what to include, with plenty of insider tips, stories, and rants from our experience.
But first:
Why have an influencer contract?
Key Components of an Influencer Contract:
Tip: Make the contract as clear as possible to cover both parties' obligations and rights.
Final Note: Finding the right influencers is crucial to launching a successful campaign.
A solid influencer marketing agency can assist in this process.
An influencer contract is just what the name suggests: the legal agreement between you, the business owner, and the social media influencer you want to collaborate with.
That’s why you need a thorough influencer agreement template to begin with.
And by thorough, we mean legally enforceable.
Remember that every little detail outlining your relationship will be included here, from the type of content to payment terms, product seeding, dates & times, plus litigation-related provisions.
Let's start with a side note rant.
As an influencer marketing platform, we've worked with tons of influencers and businesses.
We're not in the business of offering legal advice, but we found it much easier to streamline the entire interaction with an influencer marketing contract.
Besides, many of our customers without contracts have faced difficulties in terms of content creation, especially for larger collaborations.
The main reason you need a social media influencer agreement is that you are operating a business.
And, just like with any aspect of that business, you need to make things legal to protect both yourself and the influencer you’re working with.
Legal entities such as financial institutions, audit companies, judges, or law-enforcement agencies cannot rely on informal agreements.
So, we can think of two main categories of reasons why you need this agreement:
If push comes to shove, you need supporting documents for any business relationship your company conducts.
Even if you are a construction company, you need supporting documents, including contracts, invoices, and other information in your construction document management software or physical records, to ensure transparency and protect your interests in case of disputes or legal issues.
Side note insider tip combo: Consider employing a Receipt Maker tool to track receipts and an GST invoice generator to create and send professional invoices hassle free. This further enhances financial transparency and accountability within your company.
We are not just talking about situations when content creators go berserk or refuse to meet their obligations, like the Snap Spectacles conundrum.
Basically, then 20-year-old influencer Luka Sabbat was sued for breaching his contract related to promoting Snap Spectacles.
The agreement mandated Sabbat to feature the spectacles in his Instagram content during major fashion weeks and wear them in public.
However, Sabbat's compliance fell short, with only one post and story made and no public appearances wearing them. Here’s that infamous post:
You must also justify your sending specific products or gifts to influencers.
Your local equivalent of the IRS will not care about informal agreements when they ask you to explain your expenses, even if it's just a one-off campaign.
Remember: You cannot have influencer marketing costs without a legally binding agreement.
As with any aspect of your business, you want everyone to coordinate with each other as best as possible.
You need people to know their responsibilities, timelines, and quality standards.
You also want to streamline communication between departments, vertically and horizontally.
With all the creative freedom in the world, influencers still need to collaborate with your marketing department.
A social media influencer contract helps you do that.
Your influencer contract template should include the following major issues:
Here’s a more detailed breakdown below:
You will likely share valuable info with your influencers during your campaign.
At the very least, you’ll disclose some social media login information, which is where MFA might come in handy.
But you could go further and discuss very sensitive insights with these people.
So, if you don’t want your company secrets to leak, you need a Non-Disclosure Agreement (NDA).
This type of agreement states what the influencer can discuss regarding your cooperation with them.
This way, you can prevent sensitive data from being breached.
Insider tip: We advise our clients to be precise about factors affecting this NDA. Your influencer is probably working from home or using their computer at a café. If that happens, you must enforce a clean desk/clean screen policy to ensure nobody nearby can see what’s on their screens.
Be very specific about payment details in your influencer campaign, such as:
Remember: Influencers work as independent contractors, so you need them to give your:
Also, content creators typically have an influencer rate sheet where they disclose their prices.
Insider tip: Depending on where you and your influencer are located, you’ll have different legal obligations and frameworks to follow.
This part of your influencer marketing agreement is one of the standard contract clauses ensuring your campaign goes as planned.
Include the following:
Insider tip: At inBeat, we found that a simple description of the approval process will be extremely useful to include here. You want your social media influencers to understand your company's managerial structure and ensure they follow the necessary steps before posting anything.
This point covers brand image-related issues and streamlines influencer relationships.
Here's the thing:
Sometimes, your influencers may not understand your intentions precisely; other times, they believe that a more natural tone or an excess of honesty will benefit your campaign.
It happened to us plenty of times.
And while you should give your influencer enough flexibility to ensure unique content, you should also impose strict guidelines.
Dealing with your influencers is like parenting: You have to set kind but firm limits for both to reach their fullest potential.
So, define precisely your campaign’s standard conditions in terms of:
Pro tip: Review more brand ambassador program examples to learn which mistakes to avoid.
You chose a specific influencer because their image fits your brand; as such, they shouldn’t change it during your campaign.
They can completely mess with your audience’s trust in your product if they do.
So, for the sake of authenticity and consistency, outline how your influencer is supposed to keep that same image, for instance, maintain the same:
If your influencers are using affiliate links to promote your products, you want to ensure they do so safely because, in some cases, they’ll deal with your customers’ private info.
Therefore, they’re liable for prosecution if they don’t keep your consumer data private.
Remember: Ensure your influencer agreement contract explains all data privacy compliance standards, including adherence to a CCPA compliance checklist, to uphold the highest customer data protection and legal compliance standards.
This point in the influencer agreement contract details all the things that your influencer will deliver to you:
Insider tip: You can include consequences for missing some campaign deliverables, including late posting, especially if it happens frequently.
From our experience, the most effective path to a successful collaboration is ensuring the influencers you work with understand their legal requirements regarding this promotional activity.
They must understand the quality of the content they should produce, the tone of voice, as well as the period of time they're constrained to.
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.
That way, you can ensure your customer base stays loyal to your brand instead of being siphoned to your direct competitors.
Insider tip: Consider offering incentives for prolonged exclusivity periods when crafting your exclusivity clause. For instance, if an influencer agrees not to partner with competing brands for a few months post-campaign, provide them with extra perks such as bonus payments, early access to new products, or even a feature in your brand's marketing materials.
This solidifies the exclusivity agreement and fosters a stronger, more loyal partnership with your influencers, turning them into genuine brand advocates.
Once an influencer gives you their content, you should own all its intellectual property rights.
Make sure that it’s written in black and white in your contract.
It’s what all of our clients do, including Deux Par Deux Kids:
Here’s the advantage of having exclusive rights:
Even if your contract ends, you can repurpose influencer content anytime during other campaigns.
Your influencers should understand what you can do with their content:
Insider tip: Deux par Deux’s 200 content assets led to a 10,000 follower growth on Instagram and 500 unique clients thanks to this repurposing strategy.
Incorporate specific metrics and KPIs into your agreement to track the performance of your influencer campaigns.
This can include engagement rates, conversion metrics, or specific campaign hashtag usage.
A clear understanding of performance expectations allows both parties to measure success and adjust strategies as needed.
Insider tip: At inBeat, we've learned that setting up a dynamic performance dashboard accessible to both our team and our influencers makes a world of difference. This real-time data sharing keeps everyone on the same page and nurtures a spirit of collaboration.
We've noticed that when influencers can see their impact directly, they're more motivated to fine-tune their approach, leading to better results.
So, consider investing in tools that allow this transparency and collaboration.
It turns the tracking process into a joint effort towards a common goal rather than a simple evaluation at the end of a campaign.
Outline a clear process for resolving any disputes or issues that may arise during the campaign.
This could include steps for addressing unsatisfactory content, breaches of contract, or other potential conflicts.
Having a predefined conflict resolution process can save time and maintain professional relationships.
Insider tip: Our journey at inBeat has taught us that the key to effective conflict resolution lies in proactive communication and setting clear expectations from the get-go.
We always include a "first step" clause in our agreements, which encourages direct communication between the influencer and our team at the first sign of any issue.
This approach has often allowed us to address and resolve potential conflicts before they escalate.
Additionally, we've found that scheduling regular check-ins throughout the campaign creates an open line for feedback, making it easier to address concerns promptly and maintain a positive working relationship.
You’re not looking forward to contract termination, but you need to plan for it.
It’s basically like a funeral — or, for some people, a wedding.
Insider tip: Include specific cancellation clauses (e.g., natural disasters) and what you and your influencer will do in that case.
That said, here's a legal template you can copy and adapt to your own contractual needs.
Note: This template is provided as an example and should be reviewed by legal counsel to ensure compliance with local laws and regulations applicable to the specific terms and conditions of the contractual relationship.
INFLUENCER CONTRACT: [BRAND NAME] [CAMPAIGN]
Short contract description to outline the influencer-advertiser relationship
Influencer Information
Name: First Name Last Name
- Street Address
- Street Address Line 2
- City State / Province
- Postal / Zip Code
Social Media Accounts
Company Information
- Street Address
- Street Address Line 2
- City State / Province
- Postal / Zip Code
Campaign Information
Advertiser / Influencer
Needed/ Not needed
1. INTRODUCTION
This contract is between the __________ (hereinafter known as Influencer) and the _________ (hereinafter known as Advertiser).
2. ACKNOWLEDGMENT
The advertiser and the influencer acknowledge the terms of this Contract and will comply.
3. TERMS
This contract starts on __________ and ends on __________.
4. PAYMENT FEES
The total payment is $__________.
Payment is made by __________.
The payment is made at ___________.
5. CONTENT REQUIREMENTS
6. 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.
7. 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.
8. PERFORMANCE TRACKING CLAUSES
8.1. Performance Obligations: The Influencer agrees to meet specific Key Performance Indicators (KPIs) as mutually agreed upon and outlined in Exhibit A of this Agreement, including but not limited to engagement rates, conversion metrics, and usage of specified campaign hashtags.
8.2. Reporting and Analytics: The Influencer shall provide regular performance reports in accordance with the schedule set forth in Exhibit B, detailing the metrics as outlined in Section 10.1. The Parties agree to utilize a dynamic performance dashboard, granting both Parties access to real-time campaign data to facilitate transparency and collaborative assessment of the campaign's performance.
8.3. Continuous Optimization: Both Parties commit to an iterative process of performance review and strategy adjustment based on real-time data insights to ensure the maximization of campaign outcomes. The Influencer shall demonstrate a proactive approach in optimizing content and engagement strategies based on performance analytics.
9. CONFLICT RESOLUTION
9.1. Initial Resolution Effort: In the event of a dispute arising from or related to this Agreement, the Parties agree to first attempt to resolve the issue through direct and good faith negotiations. The Influencer is required to notify the Company immediately upon the emergence of any such dispute, providing a detailed account of the grievance for prompt resolution.
9.2. Regular Communication: The Parties shall engage in regular check-ins as outlined in Exhibit C to discuss campaign progress, address any concerns, and provide feedback. These sessions serve as a preventive measure against potential conflicts and as a platform for continuous improvement of campaign execution.
9.3. Escalation Procedure: If the dispute cannot be resolved through direct communication, the Parties agree to escalate the issue to mediation before resorting to arbitration or litigation. The specific terms and conditions of the mediation process shall be as set forth in Exhibit D.
10. TERMINATION
10.1. Termination for Cause: Either Party may terminate this Agreement upon written notice if the other Party materially breaches any of its obligations under this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof.
10.2. Termination for Convenience: The Company reserves the right to terminate this Agreement at any time without cause upon providing thirty (30) days' written notice to the Influencer.
10.3. Force Majeure: Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by unforeseeable circumstances beyond the reasonable control of the affected Party, including but not limited to natural disasters, wars, or governmental restrictions (Force Majeure). The Parties agree to discuss in good faith the modification of the Agreement's terms or temporary suspension of its obligations in the event of a Force Majeure.
10.4. Effects of Termination: Upon termination of this Agreement for any reason, the Influencer shall cease the use of all Company trademarks, cease all representations as an influencer of the Company, and return or destroy all confidential information in their possession. Any obligations intended by their nature to survive the termination of the Agreement shall so survive.
11. AMENDMENT
This contract can only be changed or modified through the written consent of both parties (Advertiser and Influencer).
12. GOVERNING LAW
This contract shall be governed under the laws of __________ (State/Country).
Understanding what to include in your influencer contract ensures a successful partnership that benefits both your brand and the influencer.
It provides clarity, sets expectations, and safeguards the interests of both parties.
You can create a comprehensive and effective agreement by incorporating essential elements such as deliverables, timelines, compensation details, and legal clauses like performance tracking and conflict resolution.
The point is to cover both parties’ obligations and rights as clearly as possible.
Remember, a well-crafted influencer contract is more than just a formality; it's the backbone of a transparent, productive relationship that paves the way for creative collaborations and measurable results.
As you move forward, use the insights and template provided as a foundation, but always tailor your contracts to fit the unique needs of your campaigns and partnerships.
Before you do anything, you’ll need help finding the right influencers to start your campaigns – and we can help.
Sign up for inBeat today to find influencers who can move the needle and provide the results your business needs.
Or, schedule a free strategy call with inBeat Agency, and we’ll help you with everything from influencer discovery to contracts and social media management.