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Influencer Agency Agreement

Influencer Agency Agreement Template for India

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Key Requirements PROMPT example:

Influencer Agency Agreement

"I need an Influencer Agency Agreement for a luxury fashion brand in Mumbai, with exclusive representation rights and minimum guaranteed monthly posts, including specific provisions for Instagram and YouTube content creation starting March 2025."

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Document background
The Influencer Agency Agreement is essential in today's digital marketing landscape in India, where influencer marketing has become a crucial component of brand promotion strategies. This document is specifically designed for use when establishing a formal relationship between influencer marketing agencies and social media influencers, operating under Indian jurisdiction. It addresses key aspects such as scope of services, compensation, content rights, and regulatory compliance, particularly with ASCI guidelines and Indian digital marketing regulations. The agreement becomes necessary when agencies seek to professionally represent influencers, manage their brand collaborations, and ensure compliant content creation. It includes provisions for both parties' obligations, performance metrics, payment terms, and dispute resolution mechanisms, all aligned with Indian contract law and digital advertising standards.
Suggested Sections

1. Parties: Identification of the Agency and the Influencer with full legal details

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

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of influencer marketing services to be provided

5. Term and Appointment: Duration of the agreement and nature of the appointment

6. Agency's Rights and Obligations: Responsibilities and duties of the agency

7. Influencer's Rights and Obligations: Responsibilities and duties of the influencer

8. Content Guidelines and Approval Process: Process for content creation, approval, and posting

9. Compensation and Payment Terms: Fee structure, payment schedule, and related terms

10. Intellectual Property Rights: Ownership and usage rights of created content

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Parties' assurances about their capacity and authority

13. Compliance with Laws: Adherence to advertising laws and disclosure requirements

14. Termination: Conditions and process for ending the agreement

15. Dispute Resolution: Process for resolving disagreements between parties

16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.

Optional Sections

1. Exclusivity: Terms regarding exclusive representation, used when agency requires exclusive rights

2. Performance Metrics: Specific KPIs and metrics, used for performance-based agreements

3. Insurance: Insurance requirements, used for high-value or high-risk campaigns

4. International Operations: Additional terms for cross-border activities, used when operating internationally

5. Crisis Management: Procedures for handling PR issues, used for high-profile influencers

6. Data Protection: Specific data handling requirements, used when collecting user data

7. Non-Compete: Restrictions on working with competitors, used for strategic partnerships

8. Force Majeure: Provisions for unforeseen circumstances, used in long-term agreements

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed scope of services and deliverables

2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule 3 - Content Guidelines: Specific requirements for content creation and brand guidelines

4. Schedule 4 - Approved Platforms: List of social media platforms and specific requirements for each

5. Schedule 5 - Reporting Templates: Format and frequency of performance reports

6. Appendix A - Brand Safety Guidelines: Specific dos and don'ts for brand protection

7. Appendix B - Compliance Checklist: ASCI and other regulatory compliance requirements

8. Appendix C - Emergency Contact Protocol: Contact details and procedures for urgent situations

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agency
Influencer
Agreement
Services
Content
Campaign
Deliverables
Social Media Platforms
Intellectual Property Rights
Brand Guidelines
Engagement Rate
Metrics
Commission
Base Fee
Performance Bonus
Confidential Information
Marketing Materials
Sponsored Content
Advertising Disclosure
ASCI Guidelines
Effective Date
Initial Term
Renewal Term
Territory
Approved Platforms
Brand Safety Guidelines
Campaign Brief
Content Calendar
Exclusivity Period
Force Majeure Event
Key Performance Indicators
Posting Schedule
Reporting Period
Target Audience
Usage Rights
Working Day
Affiliate
Competitor
Material Breach
Performance Report
Published Content
Required Disclosures
Standard Industry Practice
Term
Third Party Rights
Clauses
Appointment
Term
Services
Exclusivity
Content Creation
Approval Process
Platform Requirements
Performance Obligations
Compensation
Payment Terms
Commission Structure
Intellectual Property
Brand Guidelines
Confidentiality
Non-Compete
Non-Solicitation
Representations and Warranties
Compliance
Regulatory Disclosures
Data Protection
Social Media Guidelines
Performance Metrics
Reporting
Marketing Standards
Content Rights
Usage Rights
Quality Control
Brand Protection
Crisis Management
Force Majeure
Termination
Post-Termination Obligations
Indemnification
Limitation of Liability
Insurance
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Relevant Industries

Digital Marketing

Social Media

Entertainment

Fashion and Lifestyle

Consumer Goods

Technology

Beauty and Cosmetics

Food and Beverage

Travel and Tourism

Sports and Fitness

E-commerce

Media and Publishing

Relevant Teams

Legal

Marketing

Digital Communications

Social Media

Content Strategy

Compliance

Business Development

Creative

Account Management

Partnerships

Relevant Roles

Marketing Director

Legal Counsel

Influencer Marketing Manager

Digital Marketing Manager

Content Strategy Director

Brand Manager

Social Media Manager

Compliance Officer

Talent Acquisition Manager

Business Development Manager

Contract Administrator

Creative Director

Account Manager

Partnership Manager

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India, essential for structuring the basic agreement terms
Consumer Protection Act, 2019: Includes specific provisions for social media influencers and advertising disclosure requirements to protect consumer interests
Information Technology Act, 2000: Governs electronic records and digital communications, relevant for online content and digital service provisions
ASCI Guidelines for Influencer Advertising, 2021: Advertising Standards Council of India's specific guidelines for influencer marketing, including disclosure requirements and ethical practices
Copyright Act, 1957: Protects original content creation and usage rights, crucial for content ownership and licensing terms
Income Tax Act, 1961: Governs taxation of services and income, including provisions for digital services and influencer earnings
Trademarks Act, 1999: Relevant for brand usage rights and protection in influencer marketing campaigns
Central Goods and Services Tax Act, 2017: Governs taxation of services provided under the agreement, including digital marketing services
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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