January 9, 2019

Here’s what goes into an ideal influencer marketing agreement

hand signing an influencer marketing agreement

With social media becoming all-pervasive in our lives, it is natural for us to look towards our favourite Instagram and YouTube ‘influencers’ for reviews of new products or experiences.

71% of marketers believe that these social media celebrities are great for their business. That is probably thanks to 70% of teens who trust them over traditional celebrities and brand ambassadors.

This implicit trust is what brands tap into as they rope in social media bloggers to participate in their promotional ideas. Think of them as new-age brand ambassadors, if you will. And just like with any other brand ambassador deals, tie-ups with influencers too must be locked in with a watertight influencer marketing agreement before the activity begins.

As a brand, ensure that your contract considers the following parameters to safeguard both your interests as well as that of the influencers:

1. Scope of work

It is important to exactly detail the activity for the influencer – how many posts are expected during the engagement period and when, across which platforms, what the frequency is supposed to be, etc.

Moreover, all elements that make up the post must be discussed. This could include aspects like the setting that can’t be changed post creation. Such a discussion also helps determine the feasibility of the client’s requirements beforehand.

A thoroughly charted out activity plan acts as a to-do list and does away with any ambiguity and possible misunderstandings.

However, easy accessibility to the client must continue even after the creation process begins since queries about the campaign are bound to arise even then.

2. Copyrights and ownership

Ideally, an influencer marketing agreement must state that the brand has the right to request revisions and grant final approvals before the influencer takes the post live. Broad usage licences needn’t be negotiated for one-off content.

In case the marketing tie-up is for a bigger production, it is wise for both to understand who owns the content after the activity is over. While it is true that a brand pays for the activity, the grey area lies in the fact that the influencer is a ‘content creator’, and hence owns the primary right to their work.

If it is critical for the brand to own the content for later use, so the intent and requirement must be disclosed to the influencer in the agreement, along with suitable additional compensation.

3. Exclusivity

Most social media celebrities work with several brands simultaneously. However, you don’t want to be caught in a scenario where an influencer happens to promote your brand and your competition in the same activity period.

To avoid this, ensure that you include a clause that forbids the influencer to sign a similar contract with your competition during the course of the engagement. A clear definition of brands that make up your competition could help the blogger prevent an inadvertent breach of contract.

4. Payment terms

Defining payment terms in a contract is a no-brainer. However, you must clearly state the instalments in which you intend to pay the influencer. For instance, you may choose to pay them 50% of the amount after going live and the remaining half a month after the launch of the campaign.

In case the remuneration is in the form of complimentary products or event invites, it is necessary to mention the quantity or details in the influencer marketing agreement and for both parties to sign off on this.

5. Metrics

The engagement that a blogger’s post receives is not easily measurable by brands on their own. Influencers must submit engagement reports to brands after the activity is over – in metrics that have been pre-decided by both parties.

6. Termination

A morals clause should be standard in an influencer marketing agreement. This is mostly due to any kind of inappropriate comment or activity carried out by the influencer during your contract period, the repercussions of which could affect your brand’s image.

Additionally, it is also common for the agreement to be considered void in case the blogger commits a crime or felony during the validity of the agreement.

Last words

Like all contracts, a clearly defined influencer marketing agreement safeguards the interests of both the brand and the blogger.

A watertight contract might contain multiple clauses and seem tedious at the start. However, both parties stand to gain if they know exactly what the terms and conditions are, right at the beginning. This avoids any breaches, discontent, or unpleasant conversations in the long run, leading to a long, fruitful association.