What is an Influencer Contract Template, and How to Make One?

Ossian Muscad
August 6, 2022
6:23 am
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Last Updated on April 1, 2024 by Ossian Muscad

When you are working with influencers, it is essential to have a contract in place. This document will outline the expectations and obligations of both parties. Without a contract, things can get messy fast. Unfortunately, influencer marketing is such a new medium that there is no objective standard for influencer contracts. This means that you will likely have to create your template.

However, don’t worry; we will walk you through the process. This article will discuss an influencer contract template and how to make one. We will also look at some of the key provisions that should be included in your agreement.

What is an Influencer Contract Template?

An influencer contract is an agreement between a brand and an influencer. This document will outline the expectations of both parties. Having a contract in place is important because it will protect both the influencer and the brand. The influencer contract template will typically include provisions on things like payment, ownership of content, confidentiality, and more. It is important to have all of these things in writing so there is no confusion later.

Why Do You Need an Influencer Contract?

Working with an influencer without a proper contract is simply asking for trouble. While some influencer marketplaces handle most of the issues for you, anything done directly will need a custom contract. There are several reasons why you need an influencer contract:

Legal Reasons: It is crucial to have a legally binding agreement in place whenever money is involved between an influencer and a brand. This agreement serves to protect the interests of both parties in the event of any unforeseen circumstances or disputes that may arise.
Outline Expectations: Utilizing a comprehensive contract is the most effective method to clearly define the expectations of each party involved in the collaboration. By establishing these expectations upfront, any potential misunderstandings or ambiguities can be minimized.
Protect Your Brand: Implementing an influencer contract is instrumental in safeguarding the reputation and integrity of your brand. By including clauses that restrict the influencer from making disparaging remarks about your brand, you can maintain a positive brand image and prevent any potential damage caused by negative publicity.
Protect Your Relationship: An influencer contract also plays a key role in preserving the working relationship between the brand and the influencer. Including provisions regarding the frequency of posts and other responsibilities helps to maintain clear communication and expectations, thereby reducing the likelihood of conflicts arising in the future.
Ownership of Content: Defining the ownership rights of the content produced during the influencer campaign is an essential aspect of the influencer contract. Clearly outlining who retains ownership can prevent any legal complications or disputes regarding the content’s usage or distribution in the future.

Different Types of Influencer Contracts

In the dynamic realm of influencer marketing, not all campaigns and agreements are alike, leading to the necessity for varied types of influencer contracts. These contracts serve as a foundation to manage expectations, delineate responsibilities, and safeguard the interests of both influencers and brands. Understanding the differences among these contracts can streamline collaborations, ensuring both parties are aligned with the campaign’s goals and obligations.

One-Time Project Contract: This type of contract is utilized for single projects, such as a one-off post or a series of posts within a specific timeframe. It outlines the deliverables, deadlines, payment terms, and any specific requirements about the content or promotional efforts expected from the influencer.
Long-Term Ambassadorship Agreement: This agreement is for influencers who will represent the brand over an extended period, potentially including multiple campaigns. It covers aspects like the duration of the partnership, exclusivity clauses preventing the influencer from promoting competing brands, and more detailed expectations regarding the frequency and type of content.
Affiliate Marketing Contract: In this arrangement, influencers earn a commission based on the sales or leads they generate through their marketing efforts. The contract specifies the commission rate, tracking methods, payment schedules, and any promotional guidelines or restrictions.
Content Licensing Agreement: This contract is used when a brand intends to use the influencer’s content beyond the social media platform, such as on their website or in advertising campaigns. It details the scope of the license (exclusive or non-exclusive), duration, and any usage restrictions.
Event Appearance Agreement: For influencers hired to attend, speak, or perform at an event, this contract outlines the specifics of the engagement, including the event date and location, expectations of the influencer’s role, appearance fees, travel and accommodation provisions, and any other logistic details.

What Should Be Included In an Influencer Contract?

Creating a well-drafted influencer contract necessitates attention to detail and a comprehensive understanding of both parties’ needs and expectations. Ensuring that critical elements such as confidentiality, ownership of content, and detailed scope of work are included can pave the way for a successful collaboration. Provisions regarding aesthetic and branding guidelines, payment terms, and termination criteria are indispensable to safeguard the interests of both the influencer and the brand.

Confidentiality

The confidentiality clause in an influencer contract serves to protect the sensitive information shared between the brand and the influencer during their collaboration. This clause restricts the influencer from disclosing any proprietary information about the brand, its products, strategies, or any confidential aspects of the campaign. It ensures that all communications and undisclosed data remain confidential, preventing competitors or the public from gaining access to sensitive information.

Ownership of Content

Defining who owns the content created is a pivotal aspect of an influencer contract. This section should clearly state whether the brand acquires ownership of the influencer’s content upon payment or if the influencer retains copyright but grants the brand usage rights. This distinction is crucial for both parties in terms of content reposting, modifications, and usage in future marketing campaigns.

A Detailed Scope of Work

This part of the contract outlines the specific deliverables expected from the influencer, including the number of posts, stories, blog entries, or any other content formats agreed upon. It should also detail the platforms on which the content will be shared, the timeline for posting, and any specific campaign hashtags or links to be included. A detailed scope of work helps avoid ambiguity and ensures both parties are clear on the campaign’s expectations.

Aesthetic and Branding Guidelines

Aesthetic and branding guidelines are essential to maintaining consistency across all campaign materials. This section provides influencers with a clear understanding of the brand’s visual style, tone of voice, and messaging preferences. It ensures that the content produced aligns with the brand’s overall image and meets the campaign’s strategic objectives.

Payment Terms

Payment terms cover all aspects related to compensation, including the total amount to be paid, payment schedule, and method of payment. It may also include conditions for additional compensation based on campaign performance, such as bonuses for exceeding engagement or sales targets. Clearly defined payment terms ensure transparency and prevent disputes related to financial matters.

Termination Criteria

The inclusion of termination criteria outlines the conditions under which either party can terminate the contract before the completion of the agreed term. This could include instances of breach of contract, failure to deliver the agreed-upon deliverables, or other circumstances deemed detrimental to either the brand or the influencer. Setting these criteria provides a clear exit strategy for both parties if the collaboration does not meet expectations.

How to Make an Influencer Contract Template

Crafting an influencer contract template is a crucial step for brands engaging in influencer marketing, ensuring clarity and protection for both parties involved. A well-structured template not only formalizes the partnership but also sets a precedent for professional and transparent collaborations. Here is a comprehensive guide to creating an influencer contract template that addresses all necessary legal and practical aspects of influencer collaborations.

Begin with Basic Information: Start your template with sections for basic details, including the names and contact information of both parties (the brand and the influencer), the date of the agreement, and the duration of the contract period.
Define the Collaboration Scope: Clearly outline the scope of the campaign, mentioning specific deliverables such as the type and number of content pieces, platforms for publication, campaign hashtags, and any performance metrics or goals expected from the influencer.
Set Clear Payment Terms: Include detailed payment information, specifying the amount, payment schedule (e.g., upon completion of work or in milestones), and any bonuses or penalties for meeting or failing to meet agreed-upon metrics.
Include Confidentiality and Non-Disclosure Agreements (NDAs): Highlight the importance of confidentiality regarding any shared information between the brand and the influencer. This section should detail what information is considered confidential and the repercussions of breaches.
Outline Content Ownership and Usage Rights: Clearly state the ownership rights of content created during the campaign, whether the influencer retains copyright and grants the brand usage rights or if the brand will own the content outright upon payment.
Specify Aesthetic and Brand Guidelines: Provide a detailed description of the aesthetic and branding requirements that the influencer must adhere to, ensuring brand consistency across all campaign materials.
Detail the Approval Process: Explain the process for reviewing and approving the influencer’s content before publication, including timelines and how revisions or rejections are handled.
Incorporate Termination Clauses: Define conditions under which the contract may be terminated by either party, including breach of contract, failure to deliver on agreed metrics, or external circumstances that necessitate ending the collaboration early.
Dispute Resolution: Outline the steps to be taken in the event of a dispute, including the designation of an arbitrator if necessary and the jurisdiction under which disputes will be settled.
Signatures: Conclude your template with space for both parties to sign and date the document, making it a legally binding agreement.

Sample Influencer Contract Template

In the dynamic world of influencer marketing, a well-defined contract is pivotal for securing a transparent and effective collaboration between brands and influencers. A comprehensive contract template not only ensures both parties are aligned in terms of expectations and responsibilities but also safeguards against potential misunderstandings or disputes. Below is a sample influencer contract template designed to provide both brands and influencers with a robust framework for their partnerships.

Influencer Marketing Agreement

This Agreement is made effective as of [Date], by and between [Brand Name], hereinafter referred to as the “Brand,” and [Influencer Name], hereinafter referred to as the “Influencer.”

Term of Agreement: This agreement shall commence on [Start Date] and shall continue in effect until [End Date] unless terminated earlier as provided herein.
Scope of Work: Influencer agrees to collaborate with the Brand by creating and sharing [number and type of content pieces] on [platform(s)] in alignment with the campaign named [Campaign Name]. The content shall meet the specifications and deadlines agreed upon.
Payment Terms: The Brand agrees to compensate the Influencer a total sum of [Amount in Dollars] payable [payment schedule, e.g., 50% upfront and 50% upon completion]. Additional bonuses based on performance metrics can be discussed and will be awarded at the discretion of the Brand.
Ownership and License: Unless otherwise agreed, the Influencer grants the Brand a non-exclusive, worldwide, perpetual license to use any content generated for this campaign for marketing purposes, while the Influencer retains the copyright of the content.
Confidentiality: Both parties agree to keep information regarding this agreement and any shared material confidential unless disclosure is required by law or agreed upon in writing.
Termination: Either party may terminate the agreement with written notice if there are breaches that are not remedied within [number] days or for any reason outside the control of the parties that makes the completion of the agreement untenable.
Governing Law: This Agreement shall be governed by the laws of [Jurisdiction].

Signatures:

[Brand Name] ______________________ Date: ______________

[Influencer Name] ______________________ Date: ______________

This template serves as a starting point for crafting a detailed influencer marketing agreement. It’s crucial for both parties to review and adjust the clauses according to their specific needs and legal advice before finalizing and signing the document.

Frequently Asked Questions (FAQs)

Q1: Can an influencer contract be modified after both parties have signed it?

Yes, an influencer contract can be modified after signing. Still, any changes must be agreed upon by both parties and recorded in writing, often as an amendment to the original contract. If changes are made, it is crucial to ensure that both parties understand and agree to the modifications to avoid any conflicts or misunderstandings.

Q2: What happens if an influencer fails to meet the deliverables outlined in the contract?

If an influencer fails to meet the specified deliverables, the consequences outlined in the termination criteria or breach of contract section of the agreement will apply. These could range from a warning to a reduction in payment to termination of the contract. By including these clauses, the brand, and influencer are protected in case of underperformance.

Q3: Is it necessary to include a non-compete clause in an influencer contract?

Including a non-compete clause depends on the brand’s preference. Some brands include it to prevent influencers from working with direct competitors during and for a period after the term of the agreement to protect their marketing interests. Make sure to clearly define the scope and duration of the non-compete clause to avoid any misunderstandings or limitations on the influencer’s future collaborations.

Q4: How are intellectual property rights handled in the event of contract termination?

The handling of intellectual property rights upon contract termination should be explicitly addressed in the contract, detailing whether the influencer or the brand retains ownership or usage rights of the content produced during the contract term. As with all clauses, it is essential to ensure that both parties fully understand and agree to the terms.

Q5: Can either party terminate the contract without cause?

Typically, contracts include specific termination criteria, and terminating without cause may not be permitted unless specifically outlined in the contract. Termination without cause usually requires prior notice and, in some cases, compensation. To avoid any conflicts or misunderstandings, it is crucial to include detailed termination clauses in the contract.

Q6: What is a reasonable timeline for the brand to review and approve content submissions from the influencer?

The timeline for review and approval should be reasonable for both parties, often ranging from 24 to 72 hours. This timeline allows brands adequate time to review content while enabling influencers to adhere to campaign schedules. If revisions are required, a reasonable timeline should also be provided so the influencer can make the necessary changes before resubmission.

Create Influencer Contract Templates Using DATAMYTE

DATAMYTE is a quality management platform with low-code capabilities. Our Digital Clipboard, in particular, is a low-code workflow automation software that features a workflow, checklist, and smart form builder. This tool lets you create influencer contract templates in a matter of minutes with its easy drag-and-drop interface that requires no coding knowledge. You can also streamline the approval process and track revisions with our collaboration features, ensuring efficient and effective contract management.

DATAMYTE also lets you conduct layered process audits, a high-frequency evaluation of critical process steps, focusing on areas with the highest failure risk or non-compliance. Conducting LPA with DATAMYTE lets you effectively identify and correct potential defects before they become major quality issues.

With DATAMYTE, you have an all-in-one solution for contract management and quality assurance, saving you time and effort while ensuring the success of your influencer campaigns. Try DATAMYTE’s Digital Clipboard today and see the difference in your workflow! Book a demo now to learn more.

Conclusion

Crafting a comprehensive influencer contract is vital for ensuring a smooth, productive relationship between brands and influencers. It not only outlines the expectations and responsibilities of both parties but also provides a legal framework to address any issues that may arise during the collaboration.

Including clear guidelines on deliverables, payment terms, intellectual property rights, and dispute resolution ensures that both the influencer and the brand are protected and can focus on achieving their mutual campaign goals. With the rise of influencer marketing, understanding and implementing these contract essentials has become more crucial than ever to foster successful partnerships.