Influencer Barter Agreement Generator for Germany

The Influencer Barter Agreement is essential in today's digital marketing landscape where brands frequently collaborate with social media influencers through non-monetary arrangements. This document, governed by German law, is particularly relevant when companies wish to establish formal terms for providing products or services to influencers in exchange for social media content and promotion. It addresses key requirements under German advertising laws, including mandatory commercial disclosure requirements (#Werbung or #Anzeige), content approval processes, and specific deliverables. The agreement is designed to protect both parties' interests while ensuring compliance with German regulations such as the Act Against Unfair Competition (UWG), State Media Treaty (MStV), and relevant data protection laws. It's particularly useful for brands testing influencer partnerships or those preferring product-based compensation over monetary payment.

1. Parties: Identification of the brand/company and the influencer, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, brief description of the parties' business activities, and purpose of the collaboration

3. Definitions: Key terms used throughout the agreement, including 'Content', 'Platform', 'Products', 'Campaign', and 'Deliverables'

4. Scope of Services: Detailed description of the influencer's obligations and deliverables, including content specifications and posting requirements

5. Product or Service Exchange: Description of the products or services being provided by the brand in exchange for the influencer's services

6. Content Requirements: Specific requirements for content creation, including compliance with German advertising laws and disclosure requirements

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

8. Compliance Requirements: Legal requirements for advertising disclosure (#Werbung, #Anzeige) and transparency under German law

9. Intellectual Property Rights: Ownership and licensing of content, including usage rights and restrictions

10. Term and Termination: Duration of the agreement and conditions for termination

11. Representations and Warranties: Parties' assurances regarding their capacity, rights, and compliance with laws

12. Confidentiality: Protection of confidential information exchanged during the collaboration

13. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes