(PART 2) Contracts, Contracts, Contracts. YES, You Need Them With Influencer Marketing Too!

Influencers are becoming more accustomed to contracts as they work with bigger brands. Plus, as social media platforms develop there are more variations to the type of work an influencer does for your contract… 

Some collaborations may be a simple shoutout while others may require that the influencer increases the production value of the promotion and even hire additional people to help produce the content. 

Because things can become rather complex I have put together 10 common sections you might want to include in your influencer contract. 

#1 Preamble and Recital

The preamble and recital section of a contract is the introductory paragraph that identifies the parties to the agreement and usually followed by a description of what the campaign is for. 

  • Start with the date when the contract is agreed upon. 
  • Assign yourself as the company and the influencer as a contractor so that all content they produce while under your contract is considered your property.
  • List the names and signatories of both parties entering into the contract. That would be you, the brand and the influencer(s) you intend to work with.
  • If you are going through agent representatives or a platform it’s best practice to have them add the names of the influencers on your contract too. 

#2 Timelines and Deadlines

State the length of the campaign including starting and ending dates. If it’s going to be an ongoing relationship this is the area to state that. 

Define any deadlines for influencer(s) to submit content for review. Be sure to put in the date and the dates and times you want the influencer to post sponsored content.

#3 Copyright and Ownership

Define the ownership and usage rights of the sponsored content after the campaign goes live. 

It would be a good idea to have ownership rights on the sponsored content so you can reuse it on your own platforms in tandem or at a later date. 

#4 Campaign Deliverables

Define the specific talking points the influencer must meet, and the format of those talking points.

Be specific about what you expect from the campaign such as the deliverables and content guidelines you defined in your campaign brief e.g. 

  • Content description 
  • Talking points to include and what to exclude
  • Social media channels
  • content format and length
  • Specific brand identifiers to highlight or omit 
  • Hashtags, keywords, and profiles to mention…

#5 Exclusivity Clause

Most Influencers work with multiple brands to make a living so be mindful when asking for exclusivity.

Clearly define the length of the  exclusivity period and whether there is a cooling off non-compete period after the campaign ends. 

Also, another clause you may want to include is a list the competitors you don’t want your influencers working with in that time frame. 

#6 Key Performance Indicators (KPIs)

You would have initially outlined these in your campaign brief but here is your chance to be specific so there is no misunderstanding. 

Define how you will track and measure your brand awareness and direct response KPI’s like sales, registrations, opt ins etc

#7 Fees And Compensation

Specify the agreed upon fees & compensation and clearly state how payments are made and when they are due. 

You can add any other payment clauses such as late delivery deductions and include any performance bonuses you wish to add based on KPI’s or other factors 

#8 FTC Disclosure 

Your Influencers are required by the FTC to disclose whether or not their content is an advertisement and whether it’s sponsored. 

They do not need to say how much they got paid but they do need to clearly outline disclosures required to meet FTC guidelines.

They should Include hard to miss disclosures such as:

“sponsored by” OR “paid partnership with.” OR” #paid” OR “#ad” 

AND “#sponsored” 

With picture and video they would need to superimpose the disclosure over the picture and in video both live and recorded. 

https://ftc.gov/influencers

#9 Confidentiality Agreement

You would not want your competitors knowing when you plan your campaigns and how much you are paying

So be sure to specify that any financial agreements, strategies, marketing plans, and any other material or information related to your agreement must not be disclosed to any third parties.

#10 Declaration & Signatures

The final hurdle is to get the influencer(s) or agent representatives to sign off and agree to your terms. 

All signatory parties must sign the contract acknowledging that they have read the document and agree to all the terms in the contract 

By doing so it makes the contract binding and that they accept the repercussions from breaking any terms of the contract. 

Conclusion

This should give you a good basis for ensuring your business relationship with your influencer is smooth. 

Be mindful that lots of regular people are fancying themselves as influencers. Some of them truly are and have great work ethics but there are also many that don’t. 

So having contracts like these in place also embed a sense of professionalism requiring that your influencer operates in the same fashion. 

Also, contracts like these also future proof your content especially if you want to re-run content created by your influencers as advertisements.