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Influencer Agreements – What Do You Need to Know?

Updated: 2 days ago


Collaborating with influencers can be a good way to market your company. Influencers — as their name suggests — have a large influence in their industry and can use their reputation and following to recommend products to their audience.


Drawing of person using social media
Drawing of person using social media

When considering your partnership with influencers, you should be sure to determine the terms of your relationship and craft an agreement that reflects these terms. We provide some general terms to consider below.


Influencer Agreement Considerations:

  • Number and type of social media posts;

  • Contents of social media posts, including tagging your brand and linking your brand in their bio;

  • Length of social media stories and length of campaign;

  • Dates of posting;

  • Creative control over the campaign;

  • Ownership of intellectual property;

  • Exclusivity periods;

  • Responsibility for previewing and approving content;

  • Ability to remove content;

  • Compensation details; and

  • Standard contract clauses (i.e., cancellation clauses, NDAs, terms and conditions).

 

While influencer collaborations may be viewed as relatively informal, it is always advisable to have a written agreement. Having a written agreement in place ensures that both parties understand their role and obligations. Further, having a contract can ensure your marketing efforts complies with consumer protection laws and social media terms and conditions. Consumer protection laws require influencer marketing campaigns to be clearly labelled and identified as sponsored content by the influencer.

 

Influencer marketing has been growing in popularity as companies have sought new ways in marketing their products or services. Having a contract that takes into account the above considerations ensures that both parties’ interests are protected.


If you require any advice on influencer agreements, please don’t hesitate to contact us.


The information provided on my blog is not legal advice and should not be relied on as legal advice. Anyone reviewing this post should use it as only a first step in understanding how a non-competition clauses and agreements work. You should consider consulting with a lawyer when drafting or reviewing an employment agreement.



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