In recent years, we have seen a vast increase in influencer marketing, as brands are now turning to influencers to promote their products or services to a wider audience. As a result, influencer agreements have become an essential component of these collaborations, outlining the terms and conditions of the partnership between the brand and the influencer.
What is an influencer agreement?
An influencer agreement is a contract between a company and an individual (or an agency representing the individual) who has a significant online presence and following. Under the terms of the contract, the individual, also known as an influencer, agrees to promote the company's products or services to their audience in exchange for compensation, which may include payment and/or other benefits such as free products or services.
The agreement outlines the terms and conditions of the partnership between the influencer and the company, including the scope of the influencer's promotional activities, the compensation they will receive and any other obligations or restrictions. For example, the agreement may specify how often the influencer is required to post about the brand, what types of content they are allowed to create, which social media platforms they must post on and whether they are allowed to work with competing brands.
What is an influencer?
An influencer is an individual who has the ability to affect the purchasing decisions of others, usually through their social media presence (such as Instagram, TikTok and YouTube) and following. They typically have a large online audience and are seen as experts or authorities in a particular field or niche, enabling them to influence their followers' opinions, behaviours and actions.
When would you use this influencer agreement template?
Brand collaboration: An influencer agreement would typically be needed when a company seeks to collaborate with an influencer for the purpose of promoting their products or services to the influencer's audience.
Influencers taking control: Similarly, an influencer may want to use their own contract when working with a company that contains terms that are in their favour, as typically a company would usually provide their own terms due as they tend to have the resources to do so.
What are the key benefits of using Docue's influencer agreement template?
For brands
Clear expectations: An influencer agreement can help to ensure that the influencer understands exactly what is expected of them from the outset when partnering with a company to achieve the desired performance metrics and deliver an effective return on investment. This influencer marketing agreement template also includes optional exclusivity terms if the parties have agreed on an exclusive partnership to prevent the influencer from also working with competitors.
Legal protection and risk allocation: By having an influencer agreement in place, brands can ensure that their intellectual property and confidential information are protected when partnering with influencers. A clearly written influencer agreement will ensure that both parties are legally protected and can effectively allocate risks in the limitation of liability clause to protect both parties' interests. This influencer agreement template can be drafted either between the company and the influencer directly, or the company and the influencer's agency or management company.
Brand alignment: The influencer agreement can include provisions to ensure the influencer understands the brand, its mission and key messaging that should be portrayed through the content. Docue's influencer agreement template allows users to attach a copy of the company’s brand guidelines to the agreement to prevent any misunderstandings. This will specify how the influencer should represent the company and ensure that the influencer's content is consistent with the brand's values.
For influencers
Professionalism: Having a formal agreement in place can add a level of professionalism to the partnership. It shows that both the influencer and the company take the partnership seriously and are committed to working together to achieve the desired results.
Clarity on payment: Getting paid on time is of the utmost importance to influencers. Influencers provide a service, and as any service provider would, they want to be paid on time. The influencer agreement can ensure the parties are on the same page regarding compensation by outlining the payment terms, rates and any other relevant details.
Protect your brand: Influencers work hard to build their personal brand and compromising it by being forced to post content that doesn't align with their values or brand can be detrimental. Docue's influencer agreement template includes optional provisions for the influencer to have final editorial control which prevent this from happening. It allows the influencer to have a say in the content they create and share, ensuring it aligns with their brand to maintain the trust and loyalty of their followers.
What are the key terms that an influencer agreement should include?
Key terms: Docue’s influencer agreement contains the following key provisions:
- A brief template to define the scope of the services and deliverables;
- Term and appointment;
- Content approval process;
- Exclusivity;
- Influencer obligations;
- Company obligations;
- Exclusivity;
- Fees;
- Intellectual property rights;
- Indemnity;
- Confidentiality;
- Data protection;
- Liability;
- Termination;
- Governing law and jurisdiction;
Please note, this template assumes English law applies.
Why use Docue?
Dynamic: Our team of qualified lawyers have developed a fully customisable influencer agreement template that makes it easy to create your contract in a matter of minutes. With Docue, drafting, e-signing, storing and managing your contracts has never been easier!
Easy to use with favourable terms: This influencer agreement template also includes guidance from our lawyers that supports you through the contract creation process. Once you have selected which party you are, the terms are automatically in favour of the party that you are acting on behalf of (i.e. the influencer/agency or the company).
Affordable pricing: Best of all, our pricing is transparent and cost-effective, with no hidden costs buried in the fine print.
Tags: influencer marketing agreement, brand ambassador agreement, sponsored content contract, content creation, compensation for content, performance metrics, social media platforms, exclusive partnership
