Influencer marketing is a relatively new form of advertising that has quickly become a popular way for brands to reach their target audience. By partnering with influential individuals on social media platforms, brands can tap into a pre-existing audience of engaged followers and promote their products or services.
However, as influencer marketing is an ever-changing innovative landscape, many brands may be unsure about how to properly hire and work with influencers, and may have questions about how to structure an influencer contract. There is often a lack of knowledge and understanding among brands about the ins and outs of working with influencers, which can lead to misunderstandings and potential legal issues. In this blog post, we will explore influencer contracts and provide some tips for how to properly hire and work with influencers.
What Is an Influencer Marketing Contract?
Influencer contracts are legal agreements between a brand and an influencer that outline the terms of their working relationship. These contracts typically include details such as the length of the collaboration, the specific tasks the influencer will be responsible for, the payment or compensation the influencer will receive, and any other relevant details of the partnership.
The length of influencer contracts varies and can be crafted for one campaign or a long-term contract with an influencer. Influencer contracts are important for both the brand and the influencer, as they provide a clear understanding of the expectations and responsibilities of each party and can help prevent misunderstandings or potential legal issues.
The purpose of an influencer contract is to protect both the brand and the influencer by clearly outlining the terms of their collaboration. For the brand, a well-written influencer contract can help ensure that the influencer delivers on their end of the agreement, and can provide a clear roadmap for how the collaboration will proceed. For the influencer, a contract can provide a sense of security and can help ensure that they are fairly compensated for their work. Additionally, influencer contracts can help protect both parties in case of any disputes or misunderstandings that may arise during the collaboration.
By taking the time to carefully craft and review an influencer contract, brands can ensure that their collaboration with an influencer is successful and mutually beneficial.
Why Do You Need an Influencer Contract?
As a brand, entering into a partnership with an influencer is a big deal. You’re not just handing over a stack of cash and hoping for the best – you’re investing in a collaboration that has the potential to significantly impact your business. And just like any other business venture, it’s important to protect yourself and your interests. That’s where influencer contracts come in.
Think of an influencer contract as the insurance policy for your brand’s relationship with an influencer. It outlines all the nitty gritty details of the collaboration, including payment, deliverables, and any potential legal liabilities. And in the unlikely event that things go south with your influencer, a well-crafted contract can be the difference between a smooth breakup and a messy, public scandal. So, be as prepared as possible by investing in an influencer contract and safeguard your brand’s interests.
Influencer agreement legal reasons
It’s important to have an influencer contract in place for several legal reasons. First and foremost, a contract helps to clearly define the terms of the collaboration and ensures that both parties understand their obligations and responsibilities. This can help prevent misunderstandings or disputes that may arise during the partnership. Additionally, a contract can help protect your brand in the event of any legal issues, such as if the influencer fails to deliver on their end of the agreement.
Another important legal reason to have an influencer contract is to ensure that the influencer properly discloses their relationship with your brand. In the United States, the Federal Trade Commission (FTC) requires influencers to disclose any material connections they have with brands in their posts. An influencer contract can help ensure that the influencer properly discloses their relationship with your brand and complies with FTC regulations.
Influencer agreement practical reasons
In addition to the legal reasons, there are also several practical reasons why brands should have an influencer contract in place. One of the biggest benefits of a contract is that it helps to establish clear expectations and responsibilities for both parties.
Another practical benefit of an influencer contract is that it can help ensure that the influencer is properly compensated for their work. A contract can outline the payment or compensation the influencer will receive, as well as any bonuses or incentives that may be included in the agreement. This can help to avoid any misunderstandings or issues around payment, and can ensure that the influencer is fairly compensated for their services.
What Should be Included In An Influencer Agreement?
Necessary content
When crafting an influencer agreement, there are certain pieces of content that are necessary to include in order to protect both parties and ensure that the collaboration is successful. Some of the key pieces of content that should be included in an influencer agreement include:
The length of the collaboration
The contract should outline the specific duration of the partnership, including the start and end dates.
Responsibilities
The contract should detail the specific tasks the influencer will be responsible for, such as creating and publishing social media posts, attending events, or creating sponsored content.
Influencer payment
The contract should outline the payment or compensation the influencer will receive for their services, as well as any bonuses or incentives that may be included in the agreement.
Additional details
The contract should include any additional details or requirements, such as the specific social media platforms that will be used, the frequency of posts, required hashtags, FTC disclosures, or any other relevant information.
Detail the Social Media Platform
In addition to the necessary content, it’s also important to detail the specific social media platforms that will be used in the influencer agreement. This is important for several reasons. First, it helps to ensure that both parties have a clear understanding of which platforms will be used and how they will be used.
When it comes to influencer marketing, different social media platforms can offer different values for brands. Some of the most popular platforms for influencer marketing include:
Facebook: With over 2.7 billion monthly active users, Facebook is one of the largest and most popular social media platforms. Brands can use Facebook to reach a broad audience and can leverage the platform’s targeting capabilities to reach specific demographics.
Instagram: With over 1 billion monthly active users, Instagram is a popular platform for influencer marketing. Brands can use Instagram to showcase their products and services through visually appealing content and can leverage hashtags and user-generated content to increase their reach.
YouTube: With over 2 billion monthly active users, YouTube is a popular platform for influencer marketing. Brands can use YouTube to create sponsored content and can leverage the platform’s video format to showcase their products or services in a more engaging way.
Twitter: With over 330 million monthly active users, Twitter is a popular platform for influencer marketing. Brands can use Twitter to share sponsored content and can leverage hashtags and trending topics to increase their reach.
TikTok: With over 1 billion monthly active users, TikTok is a relatively new platform that has quickly become popular among influencers. Brands can use TikTok to create sponsored content and can leverage the platform’s unique features, such as its viral challenges, to increase their reach.
In addition to the value of these platforms for influencer marketing, it’s also important to consider the Federal Trade Commission (FTC) regulations and platform-required disclosures around sponsored content on each platform. The FTC requires influencers to disclose any material connections they have with brands in their posts. For example, on Facebook, influencers must use the “Paid” or “Sponsored” tag when posting sponsored content.
On Instagram, influencers must use the “Paid Partnership with” tag when posting sponsored content. It’s important for brands to be aware of these regulations and to ensure that the influencer they are working with is compliant.
Detailing the specific social media platforms that will be used in an influencer contract is important for ensuring that both parties have a clear understanding of the collaboration. Different platforms can offer different value for brands when it comes to influencer marketing, and it’s important to consider the FTC regulations around sponsored content on each platform.
By taking the time to detail the specific social media platforms in an influencer contract, brands can ensure that their collaboration with an influencer is successful and compliant with FTC regulations.
Post frequency
In an influencer contract, it’s important to include a description of the post frequency that will be required of the influencer. This helps to ensure that both parties have a clear understanding of how often the influencer will be expected to create and publish content on behalf of the brand.
For example, an influencer contract may state that the influencer will be required to publish one sponsored post per week on Instagram, as well as one story per day during the length of the collaboration.
Forms of Payment in the Contract
In an influencer contract, it’s also important to include details about the forms of payment that will be offered to the influencer. This can help to ensure that the influencer is properly compensated for their work, and the brand is protected should any issues arise.
For example, an influencer contract may state that the influencer will be paid a flat fee of $500 for their services, as well as a $100 bonus if they are able to achieve a certain level of engagement on their posts. This provides a clear understanding of the compensation the influencer will receive and can help to ensure that they are fairly compensated for their work.
Here are a few examples of payment or compensation that can be included in influencer contracts:
Flat fee: This is a set amount of money that the influencer will receive for their services. This can be a good option for brands that want to provide a clear and predictable amount of payment to the influencer.
Commission: This is a percentage of the sales generated by the influencer’s posts. This can be a good option for brands that want to provide the influencer with a financial incentive to drive sales.
Product or services: This is payment in the form of products or services that the influencer receives in exchange for their services. This can be a good option for brands that want to provide the influencer with product or service samples that are of high value.
If you’re looking for a platform to help you manage your influencer marketing campaigns and more info on compensating influencers, consider Mavrck and our Q4 2022 Benchmark Report. With Mavrck, you can easily find, engage, and manage influencers, and you can compensate them using a variety of methods, including cash, product, gift card, discount code, or PayPal.
Brand Exclusivity
In an influencer contract, it’s also important to include details about brand exclusivity. This refers to the requirement that the influencer will only promote and endorse the brand’s products or services during the length of the collaboration. This can help to prevent confusion or misunderstandings around the influencer’s partnerships with other brands.
For example, an influencer contract for a skincare brand may state that the influencer will be required to be exclusive to the brand for the duration of the collaboration, and will not promote or endorse any competing skincare products or services. This provides a clear understanding of the influencer’s obligations and can help to ensure that the brand’s interests are protected.
How to Write an Influencer Contract
Identify your goals and objectives for the collaboration
The first step in creating an influencer contract as a brand is to identify your goals and objectives for the collaboration. This should include a clear understanding of what you hope to achieve through the partnership, such as increased brand awareness, increased sales, or engagement with a specific audience. This will help to guide the development of the contract and ensure that it aligns with your overall goals and objectives.
Search and partner with the right influencer
Once you have identified your goals and objectives, the next step is to research and select the right influencer. This should involve looking at the influencer’s audience and engagement, their content and style, and how well they adhere to your brand’s voice, tone and values. It’s important to select an influencer who has a relevant and engaged audience, and who is a good fit with your brand in terms of tone and aesthetic.
Develop the contract terms and conditions
The next step is to develop the contract terms and conditions – the meat of your contract. This should include details such as the length of the collaboration, the specific tasks the influencer will be responsible for, and the payment or compensation the influencer will receive. It’s important to be clear and specific in the contract terms and conditions and to make sure that both parties have a clear understanding of their obligations and responsibilities.
Include any additional details or requirements
In addition to the contract terms and conditions, it’s also important to include any additional details or requirements in the influencer contract. This may include details such as the specific social media platforms that will be used, the frequency of posts, or any other relevant information. It’s important to be thorough and comprehensive in the contract, to ensure that both parties have a clear understanding of what is expected of them.
Detail the specific social media platforms that will be used
As mentioned above, it’s important to detail the specific social media platforms that will be used in the influencer agreement. This will help to ensure that both parties have a clear understanding of which platforms will be used and how they will be used. It’s also important to include any relevant guidelines or best practices for using the platforms, to ensure that the influencer’s content is effective and in line with the brand’s overall strategy.
Review and finalize the contract
This should involve carefully reviewing the contract to ensure that all of the necessary details and requirements are included and that the contract is clear and easy to understand. It’s also important to make sure that both parties are in agreement with the terms of the contract and that they are comfortable with the obligations and responsibilities outlined in the contract.
Sign the contract
Once the contract has been reviewed and finalized, the next step is to sign the contract. This should involve both parties signing the contract and providing any necessary documentation or information. It’s important to keep a copy of the signed contract for your records and to make sure that both parties have a clear understanding of the terms of the agreement.
Other Items to Include in an Influencer Contract
While traditional influencer contracts may include details such as the length of the collaboration, the specific tasks the influencer will be responsible for, and the payment or compensation the influencer will receive, there are also some atypical elements that may be worth considering. Some of these atypical elements include:
Termination clauses
In the event that either party wishes to terminate the collaboration, it’s important to include a termination clause in the influencer contract. This can provide a clear understanding of the conditions under which the collaboration can be terminated, as well as any additional obligations or responsibilities that may be required. For example, the contract may state that the influencer must provide the brand with a certain amount of notice before terminating the collaboration, or that the influencer must return any compensation if the collaboration is terminated early.
Intellectual property rights:
In some cases, it may be necessary to include provisions in the influencer contract regarding intellectual property rights. This can help to protect the brand’s interests and ensure that the influencer does not use the brand’s content or intellectual property without permission. For example, the contract may state that the influencer must obtain written permission from the brand before using any of the brand’s content or intellectual property, and must provide the brand with credit if they do use the brand’s content or intellectual property.
How Can a Brand Make an Influencer Agreement?
As you can see, creating an influencer contract is no joke! It’s an essential step for any brand looking to collaborate with an influencer. By taking the time to carefully craft a comprehensive and effective contract, brands can ensure that their collaboration is successful and beneficial on both ends
But let’s be real, who has the time and energy to develop and manage influencer contracts? That’s where Mavrck comes in to save the day. With Mavrck, brands can easily find, engage, and manage influencers at scale, and they can compensate influencers using a variety of methods.
The Mavrck platform automates influencer contracts so you can get back to strategic and innovative decisions that contribute to the long-term performance of your influencer program. This makes it easy for brands to develop and manage influencer contracts at scale, and to maximize the effectiveness of their influencer marketing efforts.
So don’t stress, let Mavrck handle the boring stuff and focus on the fun part – working with influencers to create awesome content and achieve your goals!
Influencer Contract FAQs
How much commission should I pay an influencer?
It depends on various factors such as the influencer’s audience size, engagement, and the nature of the collaboration. Negotiate a fair and reasonable commission with the influencer.
What should an influencer contract include?
An influencer contract should include the length of the collaboration, the influencer’s responsibilities, and the payment or compensation. Be clear and specific in the contract.
How do you structure a deal with an influencer?
First, identify your goals for the collaboration. Then, research and select the right influencer. Develop the contract terms and conditions, review and finalize the contract, and sign it.
