Guides and Templates

Send an influencer contract

Getting started with sending a contract to influencers

Excellent - you agreed with the influencer on the deliverables and the compensation. Now it is time to fill out the contract template and send the contract for review and signature to the creator. 

 

 

Things to know

Let's have a look at the contract template first.

 

You can download a contract template created by a lawyer. An agency or a brand can use it. If you are an agency, you most probably represent a client who is from a legal perspective "the advertiser". If you are a brand, then you are the advertiser. 

 

There is a good deal of legal regulation and risks (mainly due to FTC and potential intellectual property issues). Hence, the agreement is very detailed and structured in five parts: 

 

  1. Influencer Agreement

  2. Signature Page

  3. Exhibit A - PROGRAM DETAILS

  4. Exhibit B - CONTENT POLICY

  5. APPENDIX – BEST PRACTICES FOR DISCLOSURE LANGUAGE

 

We highlight in yellow the wording that you need to adapt in the template. 

 

Let's have a look at each part in more detail. 

 

Influencer Agreement

The "Influencer Agreement" is the first part of the contract. This part defines the terms and conditions under which the creator may create and distribute content services.

 

In this part of the agreement - in case you do not want to change anything of the terms - you only need to change the following: 

 

YOUR ENTITY NAME: this is your full legal entity name

a STATE LEGAL ENTITY: enter the state and the entity type

("YOUR ENTITY NAME"): use a short form name for your company that you'll use throughout the contract

 

Example first paragraph:

This Influencer Agreement (this "Agreement") is between Fourstarzz Media, a Nebraska LLC ("Fourstarzz"), and you, or, if you represent an entity or other organization, that entity or organization (in either case "Influencer") and provides the terms and conditions under which influencer may provide creation and distribution of content services (the "Services").

 

You do not have to add the influencer's name in the agreement. The following term covers that: 

and you, or, if you represent an entity or other organization, that entity or organization (in either case "Influencer")

 

The creator's name is added on the signature page and referenced across the document as "Influencer".

 

 

Signature Page

The signature page will contain the signature of the representative of your organization and the influencer's signature. 

 

Adapt the following:

 

YOUR ENTITY NAME: -> your entity name

a YOUR STATE -> state of incorporation

YOUR ENTITY -> entity type

By: -> sign here

Name: -> Name of signer

Title: -> Title of signer

 

When signing the document, the influencer needs to enter the following information: 

  • Name

  • Signature

 

Exhibit A - Program Details

In this section, you enter the deliverables, define content review processes and compensation.

 

Adapt the following: 

The following advertiser (s) hereby enlist influencer to provide Services: [INSERT ADVERTISERS]

-> if you are an agency, enter the client's name

-> if you are a brand, enter the brand name

 

[INSERT DELIVERABLES AND DATE(S) BY WHICH DELIVERABLES ARE TO BE PROVIDED]

-> Insert the deliverables as defined in the campaign brief and the publication dates

 

[INSERT PERMITTED PLATFORMS]

-> define here the social media channels, that the creators shall use

 

Exhibit B - Content Policy

 

This part of the contract defines your content policy. If you already have one in place, please replace the whole section. If not, we suggest you re-use this one. 

 

The content policy outlines what your approach in regards to compliance with the FTC rules is. This policy is based on the FTC rules and might need to be updated from time to time. 

 

Please adapt here - in case you do not want to change anything else - your company name. 

 

APPENDIX – BEST PRACTICES FOR DISCLOSURE LANGUAGE

The appendix provides examples of disclosure languages. You can either leave as is or delete the sentences that are not applicable. 

 

Once you have adopted the contract, you can create a pdf. Attach the pdf to an email and send it to the creator using the in-app messaging tool. 

Template Download

 

Email Template: 

 

Hi xyz, 

As discussed, please find attached the contract. 

 

The contract has multiple parts, outlining the terms, the deliverables and compensations. Additionally, we have added our content policy and examples how to comply with the FTC rules. 

Please read through the contract carefully and let us know in case of any questions. 

Please sign the contract on page 8. Add your signature next to "By" and enter your name. 

Then scan and return the contract. 

 

We are excited to work with you on this campaign!

 

Thanks,

 

 

PRO TIPS

We have run a lot of managed service campaigns and have included all the learnings in this contract. 

 

We want to highlight a couple of things that make this contract special. 

 

It is a lengthy contract. Legal documents are often designed to ensure that you are protected in certain events as a brand or agency. 

 

The contract has multiple things that protect you: 

 

-> Right of content removal: The Service Agreement grants you the right to request the content removal. This is defined in ". Services

 

-> Right for content approval: In the "Program Details," you can define the review process. 

 

-> Right of re-use of content: The Service Agreement defines in "3. Ownership" that you own the rights on all generated content.

 

-> Detailed FTC rules: In Exhibit B, the FTC rules are explained in detail. The responsibilities are both on you and the influencer's shoulder. But these detailed explanations should help both you and the influencer understand what needs to be done to be compliant. 

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