An influencer agreement is a document designed for a brand or company and a person with a significant following on social media, known as an influencer, to outline the terms and conditions of the influencer promoting the brand's goods or services. Typically, the influencer will work to promote the advertiser's products or services using social networks and media online. The rise of the social media influencer has led to an uptick in these types of relationships, with many more brands and companies looking to hire influencers to grow their customer base.
Although both documents involve a person promoting for a brand, they involve different purposes, structures, and types of compensation.
An influencer agreement involves an influencer collaborating with the brand to promote the brand and raise awareness of the brand on social media. The influencer is responsible for creating engaging branded content, working closely with the brand. They are often compensated with fixed payments as well as additional perks, such as brand trips or free products.
An affiliate agreement has the purpose of driving direct sales through customized links. The affiliate marketer opts into the affiliate marketing program, but does not work directly with the brand in creating content. The affiliate marketer is usually compensated through commission, with payments tied to the number of clicks or sales as a result of their links.
No, it is not mandatory to have an influencer agreement. Especially for smaller brands, they may create more informal arrangements to have friends, family, or local influencers spread word of their business. However, for larger brands and influencers with a significant reach, it is often important to formally lay out the terms of their agreement to create a successful campaign for the brand.
In the context of an influencer agreement, a campaign is a planned out set of activities and strategies designed to achieve a specific marketing goal over a period of time using social media platforms. Campaigns typically have a specific goal and are meant to focus on promoting one product or service to a particular audience.
Generally, people under the age of 18 years old, known as minors, may not enter into influencer agreements or other contracts. If they would like to enter into a contract, it is typically necessary for the brand to get the consent of their parents or legal guardians.
Many social media platforms require that influencers disclose when a post is sponsored or the result of a paid deal with a brand. Therefore, the influencer agreement may not specify that influencers refrain from making this sort of required disclosure.
Although influencer agreements are typically used for specific campaigns or services provided to a brand in a limited scope, an influencer agreement may also be indefinite.
Once the agreement is complete, both the influencer and brand should sign and date the influencer agreement. The document does not need to be notarized or witnessed to be legally binding. The parties should each save a copy of the influencer agreement in their files for future reference and in case of dispute or disagreement.
A valid influencer agreement must include at least the following mandatory clauses:
In addition to the above mandatory clauses, the following information may also be included:
Influencer agreements in the United States are subject to both federal laws and specific state laws, which cover general contract principles like formation and mutual understanding. Federal laws may restrict which services may be contracted for (e.g., no one may contract for anything illegal) and certain broad categories, like contracting for something that looks more like an employment relationship.
However, individual state laws usually govern the interpretation of the contract in case of a dispute. Most times, because influencer marketing happens online, the agreement will also be subject to the online advertising rules of the Federal Trade Commission.
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Country: United States