What to Include In an Influencer Marketing Contract

Oct 27, 2016
Tina Courtney
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Writing a comprehensive influencer marketing contractYou’ve fallen in love with influencer marketing as a modality that will boost your ROI. You’ve discovered the perfect influencer after scads of hard work sourcing the right partner for your brand. Now it’s time to craft a contract, and there’s little out there about what to include.

We’ve got you covered!

First, don’t forget that when you set out to create long-term relationships with influencers, choose your partnerships carefully. There have been countless instances where an elected celebrity, influencer, or other brand ambassador came under public scrutiny for less-than moral behavior. In many cases, corporate ties to these figures has effectively damaged a company’s reputation.

Such unfortunate circumstances should be considered from the contractual stage of negotiations. During this time, it is imperative that clearly define guidelines, expectations, and statutes are set forth; the importance of this cannot be overstated.

To help ensure that your brand and the influencers it recruits for marketing efforts are all protected and clear about the parameters of the campaign and professional relationship, here is what you need to know about crafting contracts for influencer campaigns.

Ensuring a Constructive Relationship

As influencer marketing continues to surge in acclaim and prevalence, it grows increasingly more imperative that formal contracts are laid out between brands, agencies, and influencers.

In earlier stages of influencer marketing, many transactions did not include cash exchanges and were much more informal. As the practices continues to evolve, there is a stark need for legal agreements to outline campaign expectations of all parties involved. This is the greatest way to avoid complications and ensure that a beneficial and well-executed partnership takes place during the marketing efforts.

The Value of a Written Agreement

Since there is so much invested in the campaign by influencers and brands alike, legal contracts serve as a way to protect the vested interests everyone involved.

Recent legal actions from the Federal Trade Commission highlight how influencer agreements can be fruitful for brands, influencers, content creators, and even audiences.

While the Federal Trade Commission Endorsement Guides is still somewhat vague in what constitutes as adequate disclosure, it does mandate that disclosures should be clear and explicit to all consumers. This means that brands must discernibly indicate to influencers how to disclose advertisements or sponsored content in order to avoid legal complications.

Fundamental Elements to Include

As the nature of marketing campaigns will vary, it is important to customize each agreement according to the attributes of the efforts to be performed. Contracts for YouTube influencers will not appear the same as those for stars on Vine. Twitter influencers will not be expected to meet the same expectations as bloggers. Each instance will differ according to the platform, influence of the individual, and other variables.

In order to coordinate efforts in a seamless manner, craft an agreement that contains the following points:

  • Define who retains creative control of the materials
  • Define how copy points will be addressed – can the influencer use their own voice or must it be read verbatim?
  • Specifications regarding shared images
  • Define whether content will be dedicated or non-dedicated
  • Establish content preview expectations
  • Define which social channels influencers are required to promote material through
  • Denote the length of the campaign
  • Structure payment details and timelines
  • Include standard contract clauses such as a non-disparagement clause
  • Clearly define ownership, licensing, and clearance details
  • Include the exact messaging language you want the influencer to use in promotions
  • Define advertising parameters

With this information explicitly delineated, there should be no discrepancies between a brand and influencer.

Keeping a campaign on track and moving forward smoothly is vital to the reputation and profitability of both brands and influencers. By laying out the above information in a legal agreement, marketing campaigns stand a much better chance of going off without a hitch. With a comprehensive contract in place, you can go forth and create engaging content that brings your brand into the hearts and minds of many new potential customers. And you can do so without an ounce of worry or stress!

 

Need help getting the right influencers contracted for your next campaign? Let us know and we can get some powerhouse influencers to sign on the dotted line for you.

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