Influencer marketing is a hot topic these days, and it’s no wonder. It has proven to be one of the most effective ways for brands to engage with their target audiences. But in order to get the most out of this high-value tactic, brands need a plan – and that starts with making sure they have influencer contracts in place before launching any campaigns!

What is an influencer marketing contract?

Influencer marketing contracts are legal agreements that you provide for your influencers for each campaign they work with you on. It not only protects your brand from unforeseen liabilities, it also ensures you and the influencer are on the same page about what is expected of both parties to ensure a successful engagement.

What goes into an influencer marketing contract?

A lot, actually. While the reward is great with influencer marketing, there are also plenty of risks associated with an outsider speaking on behalf of your brand. That’s why contracts should be detailed and specific to your brand’s unique needs (we always recommend having a lawyer review your contract template before they’re sent out!)

While influencer marketing contracts vary from business to business, here are some of the most important additions that your brand may be overlooking:

Deliverables

What will the brand provide for the influencer (products, compensation, etc.) and what will the influencer provide in return (how many posts, what types of posts, which platforms, etc.)

Timeline

When is the influencer expected to post? This can be a broad range, like “After this date, no later than this date”. It can also be specific days that they are required to post. The brand should decide what’s best for the campaign and include it in the contract.

Campaign Guidelines (your must have’s & must not’s)

This is the nitty-gritty of the agreement. Here is where you include directions for the influencer to follow. Some common guidelines to consider:

– Tag your brand in the copy and photo

– Tag your brand as a Branded Partner on Facebook/Instagram

– Use campaign hashtag – Must mention available at these retailers

– Must be in accordance with local laws (note: these are different in each country. Be sure to review them yourself before engaging in influencer campaigns.)

Payment Fees & Schedule

How much will the influencer be compensated, how will they be compensated, and when will they receive compensation? This can be done any way you like, but we traditionally do not pay out influencers until they have fulfilled their contracted obligations.

Confidentiality

Protect your brand by including a confidentiality clause where the influencer and brand are the only parties that can discuss the agreement. This protects you from any accidental early leak on your new product or proprietary information.

Exclusivity

Be reasonable here – they are influencers after all and will be approached by a variety of brands. You can’t claim unlimited exclusivity! It is reasonable to ask influencers for exclusivity in your specific industry for 3-6 months. This is one of our most negotiated terms, and depending on the influencer’s brand, should be dealt with on a case-by-case basis.

Copyright

Who owns the right to the work created by the influencer. We recommend that the brand retains rights to the work for campaigns where the brands are compensating that work while granting rights to both parties for usage. Should brands be engaged in a trade-only deal, expect that copyright to fall with the influencer. All of this is negotiable per case.

Do I need an influencer marketing contract?

Absolutely! It is a must-have for brands that are engaging with influencers. Without one, you open your brand up to liability of fraudulent influencers, getting “ghosted” by not receiving completed work, and receiving sub-par content. It’s a small investment of your time to ensure your influencer marketing campaign is rock solid and results-producing.

Want to learn more?

Social HQ offers influencer marketing management for brands that are ready to maximize their social media footprint. We’ve worked with numerous brands just like yours to drive millions of impressions that have moved the needle for their business. Let’s hop on a call to discuss what Social HQ can do for you.