Influencer Agreement

Saptaparni Raha
Oct 3, 2022
2 min read

Written by Saptaparni Raha, Lawyer

Introduction:

Digital media is growing rapidly nowadays. We can find everything online. People are making social media accounts on platforms like Instagram and Facebook to promote themselves.

Benefits of Influencer Agreement:

An influencer agreement is a legal document that helps to protect the rights of all parties, define ownership and usage rights of materials and clarify campaign expectations. The U.S. Federal Trade Commission, which protects consumers from deceptive advertisements, illustrates a strict agreement with the requisite FTC stipulation that helps digital influencers and brands.

Disadvantages of not having an Influencer Agreement:

In this digital marketing era, if any brand or company does not have a legal document, it would lead to situations where many disputes like cheating, fraud, etc., may arise. Any of the parties will not be able to take any legal action without having that document. This agreement helps in protecting all legal rights of both parties.

Important Clauses for an Influencer Agreement:

The name of the parties must be included with a short description of the campaign or band names. The enforcement date of the agreement is also necessary to mention.
The duration of the agreement, i.e., for how long the agreement will be effective, needs to be mentioned in the agreement.
The types of contents need to be described in the agreement.
In the agreement, you need to mention the platforms where you would publish your content.
The rights of the influencer should be specified as well.
There must be a timeline clause that would mention the proper timeline of publishing each post on different platforms.
There should be a termination clause that will specify all the terms on which the agreement can be terminated.
All specific hashtags and mentions need to be mentioned in the hashtag clause.
The payment structure and mode of payment is another important aspect that needs to be mentioned.

Other Clauses:

As per the requirement of the company or brand, there are other important classes that need to be mentioned in this agreement, such as:

Indemnity clause
Confidentiality clause
Dispute resolution clause
Force majeure clause
Admissibility clause

Conclusion:

Nowadays, every brand depends on social media influencers to sell its products. Therefore, it is very important for brands or companies to draft a proper influencer agreement to avoid any such legal disputes.