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Influencer Marketing Contract

Influencer Marketing Contract Template for Denmark

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Influencer Marketing Contract

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Document background
The Influencer Marketing Contract is essential for businesses engaging in social media marketing campaigns in Denmark. It is specifically designed to comply with Danish marketing laws, which are known for their strict requirements on advertising disclosure and consumer protection. This document is typically used when brands or companies wish to formally engage social media influencers for promotional activities, establishing clear guidelines for content creation, posting requirements, and regulatory compliance. The agreement addresses key aspects such as compensation, intellectual property rights, and mandatory marketing disclosures under Danish law. It's particularly important given the Danish Consumer Ombudsman's focus on transparent social media advertising and the need for clear commercial intent disclosure. The contract helps protect both parties while ensuring compliance with Danish marketing regulations, GDPR requirements, and platform-specific guidelines.
Suggested Sections

1. Parties: Identification of the contracting parties - the company/brand and the influencer (including business entity if applicable)

2. Background: Context of the agreement and brief description of the parties' business relationship

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

4. Scope of Services: Detailed description of influencer services, including content creation, posting requirements, and platform specifications

5. Compliance Requirements: Obligations regarding Danish marketing laws, disclosure requirements, and platform-specific guidelines

6. Approval Process: Process for content review and approval before publication

7. Compensation: Payment terms, including fees, payment schedule, and any performance-based bonuses

8. Intellectual Property Rights: Ownership and licensing of content, usage rights, and brand material usage

9. Confidentiality: Protection of confidential information and trade secrets

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

11. Representations and Warranties: Parties' assurances regarding authority, non-infringement, and compliance

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Exclusivity: Restrictions on working with competing brands - used when exclusive collaboration is required

2. Performance Metrics: Specific KPIs and measurement criteria - used for performance-based agreements

3. Content Usage Rights Post-Termination: Terms for content use after contract end - used for long-term content strategies

4. Crisis Management: Procedures for handling PR issues - used for high-profile influencer relationships

5. Personal Data Processing: GDPR compliance details - used when campaign involves processing of user data

6. International Usage: Terms for content use in multiple jurisdictions - used for global campaigns

7. Product Safety Requirements: Specific safety guidelines - used for product demonstrations or reviews

Suggested Schedules

1. Campaign Brief: Detailed specifications of the marketing campaign, including objectives, target audience, and key messages

2. Content Guidelines: Specific requirements for content creation, including brand voice, visual guidelines, and prohibited content

3. Posting Schedule: Detailed timeline of required posts and deliverables

4. Compensation Structure: Detailed breakdown of fees, including any variable components or performance bonuses

5. Approved Products/Services: List of specific products or services to be promoted

6. Compliance Checklist: Detailed requirements for Danish marketing law compliance and platform-specific guidelines

7. Required Disclosures: Specific language and format for advertising disclosures in Danish and English

Authors

Linkedin in social icon imageX social icon image
Relevant legal definitions
Agreement
Applicable Laws
Approved Content
Brand
Brand Guidelines
Brand Materials
Campaign
Campaign Brief
Commercial Collaboration
Confidential Information
Content
Content Calendar
Deliverables
Disclosure Requirements
Engagement Rate
Exclusivity Period
Force Majeure
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Materials
Metrics
Personal Data
Platform
Platform Guidelines
Post
Product
Prohibited Content
Reporting Period
Services
Social Media Account
Specifications
Sponsor
Story
Target Audience
Term
Territory
User Data
User Generated Content
Working Day
Clauses
Interpretation
Appointment
Services
Compliance
Content Creation
Approval Process
Platform Requirements
Campaign Requirements
Compensation
Payment Terms
Performance Metrics
Intellectual Property
Content Usage Rights
Brand Guidelines
Disclosure Requirements
Exclusivity
Confidentiality
Data Protection
Representations and Warranties
Liability
Indemnification
Term
Termination
Force Majeure
Assignment
Publicity
Anti-Bribery
Notices
Entire Agreement
Variation
Severability
Waiver
Third Party Rights
Governing Law
Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Marketing Practices Act (Markedsføringsloven): Primary legislation governing marketing practices in Denmark, including requirements for transparency in commercial communications and social media advertising
Danish Consumer Contracts Act (Forbrugeraftaleloven): Regulates contractual relationships involving consumers, relevant for influencer marketing targeting Danish consumers
Danish Contracts Act (Aftaleloven): Provides the fundamental legal framework for contract formation and validity in Denmark
General Data Protection Regulation (GDPR): EU regulation implemented in Danish law governing personal data processing and protection, relevant for influencer marketing campaigns involving user data
E-Commerce Act (E-handelsloven): Regulates electronic commerce and digital marketing, including requirements for online commercial communications
Danish Copyright Act (Ophavsretsloven): Governs intellectual property rights, crucial for content creation and usage rights in influencer marketing
Danish Consumer Ombudsman Guidelines on Influencer Marketing: Specific guidelines issued by the Danish Consumer Ombudsman regarding influencer marketing practices and disclosure requirements
Danish Tax Assessment Act (Ligningsloven): Relevant for reporting and taxation of influencer income and benefits received through marketing activities
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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