Influencer Barter Agreement Template for Australia

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Key Requirements PROMPT example:

Influencer Barter Agreement

"I need an Influencer Barter Agreement for my sustainable fashion brand, where we'll provide eco-friendly clothing collections (valued at $2,000) quarterly in exchange for monthly Instagram and TikTok content throughout 2025, with specific requirements for sustainability messaging and authentic product reviews."

Document background
The Influencer Barter Agreement is designed for use in the Australian market where brands seek to collaborate with social media influencers through non-monetary arrangements. This document becomes necessary when companies wish to provide products or services in exchange for social media promotion, content creation, or brand advocacy. The agreement comprehensively covers the scope of the barter arrangement, including detailed specifications of deliverables from both parties, compliance with Australian advertising standards, content approval processes, and intellectual property rights. It's particularly relevant in the current digital marketing landscape where influencer marketing continues to grow, and businesses need to ensure their arrangements are properly documented and compliant with Australian regulations, including the Competition and Consumer Act 2010 and Australian Consumer Law requirements for social media advertising.
Suggested Sections

1. Parties: Identifies the brand/company and the influencer, including their legal names, ABNs, and contact details

2. Background: Explains the context of the agreement, including the brand's products/services and the influencer's social media presence

3. Definitions: Defines key terms used throughout the agreement, including 'Content', 'Platforms', 'Campaign', and 'Deliverables'

4. Scope of Services: Details the content creation and posting obligations of the influencer

5. Brand Obligations: Specifies the products/services to be provided by the brand as consideration

6. Content Requirements: Outlines the required content standards, including advertising disclosure requirements

7. Approval Process: Details the process for content review and approval before posting

8. Intellectual Property: Addresses ownership and licensing of content created under the agreement

9. Representations and Warranties: Contains promises by both parties regarding their capacity, authority, and compliance

10. Term and Termination: Specifies the duration of the agreement and circumstances for termination

11. Confidentiality: Protects confidential information shared during the collaboration

12. General Provisions: Contains standard legal clauses including governing law, notices, and entire agreement

Optional Sections

1. Exclusivity: Restricts the influencer from promoting competing brands - used when exclusive promotion is required

2. Performance Metrics: Establishes specific engagement or reach targets - used when specific metrics need to be achieved

3. Compliance with Specific Industries: Additional requirements for regulated industries (e.g., alcohol, financial services) - used when promoting regulated products

4. Crisis Management: Procedures for handling negative publicity or controversies - used for high-profile campaigns or sensitive products

5. Content Archive Requirements: Specifies how long content must remain posted - used when specific posting durations are required

6. Additional Platform Requirements: Platform-specific requirements beyond standard posting - used for multi-platform campaigns

7. Morality Clause: Allows termination for behavior damaging to brand reputation - used for longer-term or high-value partnerships

Suggested Schedules

1. Schedule 1 - Campaign Brief: Detailed specifications of the campaign, including content themes, key messages, and posting schedule

2. Schedule 2 - Product/Service Details: Specifications of the products or services being provided as consideration, including retail value

3. Schedule 3 - Content Guidelines: Detailed brand guidelines, including acceptable hashtags, mentions, and visual requirements

4. Schedule 4 - Compliance Requirements: Specific advertising disclosure requirements and compliance guidelines

5. Schedule 5 - Platform-Specific Requirements: Technical requirements and specifications for each social media platform

6. Appendix A - Sample Disclosures: Examples of acceptable advertising disclosures and declarations

7. Appendix B - Approval Process Flowchart: Visual representation of the content approval process and timelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Fashion and Apparel

Beauty and Cosmetics

Food and Beverage

Technology

Health and Wellness

Fitness

Travel and Tourism

Consumer Goods

Entertainment

Gaming

Lifestyle

Home and Decor

Sports Equipment

Educational Services

Professional Services

Relevant Teams

Legal

Marketing

Digital

Social Media

Brand Management

Public Relations

Compliance

Creative

Business Development

Partnerships

Product Marketing

Relevant Roles

Marketing Manager

Digital Marketing Specialist

Social Media Manager

Brand Manager

Content Manager

Influencer Marketing Coordinator

Legal Counsel

Compliance Officer

Business Development Manager

PR Manager

Community Manager

Partnership Manager

Product Marketing Manager

Creative Director

Campaign Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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