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Influencer Barter Agreement

Influencer Barter Agreement Template for India

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Key Requirements PROMPT example:

Influencer Barter Agreement

"I need an Influencer Barter Agreement for a beauty brand collaboration with a lifestyle influencer who has 100K+ followers, where we'll provide $2000 worth of skincare products in exchange for a series of Instagram posts and Stories, with content rights for 12 months."

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Document background
The Influencer Barter Agreement is designed for businesses operating in India who wish to collaborate with social media influencers through non-monetary compensation arrangements. This document has become increasingly important with the rise of influencer marketing and the introduction of strict regulatory guidelines by the Advertising Standards Council of India (ASCI). It provides a legal framework for exchanging products or services for social media promotion while ensuring compliance with Indian advertising laws, consumer protection regulations, and platform-specific requirements. The agreement is particularly relevant in cases where brands want to establish relationships with emerging influencers or test influencer partnerships before committing to paid collaborations. It includes essential provisions for content rights, delivery timelines, compliance requirements, and brand safety measures, all within the context of Indian contract law.
Suggested Sections

1. Parties: Identification of the brand/company and the influencer, including their legal names, addresses, and social media handles

2. Background: Context of the agreement, brief description of the brand and influencer's business/following

3. Definitions: Key terms used in the agreement including 'Deliverables', 'Campaign', 'Platform', 'Content', 'Products/Services'

4. Scope of Services: Detailed description of the influencer's obligations and deliverables

5. Product/Service Details: Description of the products or services being provided as barter

6. Content Requirements: Specifications for content creation, including type, quality, and brand guidelines

7. Compliance Requirements: ASCI guidelines compliance, disclosure requirements, and platform-specific rules

8. Delivery Timeline: Schedule of content delivery and campaign duration

9. Rights and Licensing: Intellectual property rights, content usage rights, and licensing terms

10. Representations and Warranties: Statements about authority, authenticity of following, and compliance with laws

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

12. Confidentiality: Protection of confidential information shared during the campaign

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

Optional Sections

1. Exclusivity: Restrictions on working with competing brands - include when exclusive partnership is required

2. Performance Metrics: Specific KPIs and measurement criteria - include for performance-based arrangements

3. Content Approval Process: Detailed review and approval workflow - include for brands requiring strict content control

4. Crisis Management: Procedures for handling negative publicity - include for high-profile campaigns

5. Additional Platform Requirements: Platform-specific guidelines - include when campaign spans multiple platforms

6. Content Storage and Archival: Requirements for maintaining content records - include for regulated industries

7. Morality Clause: Behavioral standards and consequences - include for long-term partnerships

Suggested Schedules

1. Schedule A - Product/Service Description: Detailed specifications of products/services being provided as barter

2. Schedule B - Content Guidelines: Brand guidelines, messaging requirements, and creative direction

3. Schedule C - Delivery Schedule: Detailed timeline of deliverables and posting schedule

4. Schedule D - Compliance Checklist: List of required disclosures and compliance requirements

5. Appendix 1 - Platform-Specific Requirements: Technical specifications and guidelines for each social media platform

6. Appendix 2 - Sample Disclosures: Approved disclosure language and formats for different platforms

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
Agreement
Applicable Laws
ASCI Guidelines
Barter Value
Brand
Brand Guidelines
Campaign
Campaign Period
Confidential Information
Content
Content Rights
Deliverables
Digital Platforms
Disclosure Requirements
Engagement Metrics
Followers
Intellectual Property Rights
Influencer
Influencer Handles
Marketing Materials
Performance Metrics
Products/Services
Platform Guidelines
Post
Posting Schedule
Promotional Content
Review Period
Social Media Channels
Specifications
Story
Target Audience
Term
Territory
Usage Rights
User Generated Content
Working Day
Clauses
Interpretation
Appointment
Scope of Services
Barter Terms
Content Creation
Delivery Obligations
Approval Process
Compliance Requirements
Platform Guidelines
Disclosure Obligations
Content Rights
Intellectual Property
Representations and Warranties
Confidentiality
Data Protection
Non-Competition
Term and Duration
Termination
Force Majeure
Brand Protection
Content Ownership
Quality Control
Performance Standards
Regulatory Compliance
Risk Allocation
Liability Limitations
Indemnification
Dispute Resolution
Governing Law
Assignment
Amendments
Notices
Entire Agreement
Severability
Waiver
Relationship of Parties
Survivorship
Relevant Industries

Fashion and Apparel

Beauty and Cosmetics

Consumer Electronics

Food and Beverage

Health and Wellness

Travel and Hospitality

Gaming and Entertainment

Lifestyle Products

Sports and Fitness

Education and EdTech

Mobile Apps and Software

Home and Decor

Personal Care

Automotive

Financial Services

Relevant Teams

Marketing

Legal

Social Media

Digital Marketing

Compliance

Public Relations

Content Strategy

Brand Partnerships

Product Marketing

Creative Services

Business Development

Relevant Roles

Marketing Manager

Brand Manager

Social Media Manager

Digital Marketing Director

Legal Counsel

Compliance Officer

Product Marketing Manager

Public Relations Manager

Influencer Marketing Specialist

Content Strategy Manager

Brand Partnership Manager

Community Manager

Marketing Communications Manager

Business Development Manager

Creative Director

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India, essential for structuring the barter agreement
Consumer Protection Act, 2019: Covers influencer advertising guidelines and disclosure requirements for promotional content
ASCI Guidelines for Influencer Advertising, 2021: Specific guidelines by Advertising Standards Council of India for influencer marketing, including disclosure requirements and advertising ethics
Income Tax Act, 1961: Governs taxation of barter transactions, as non-monetary compensations are still considered taxable income
Copyright Act, 1957: Protects intellectual property rights in content creation and usage of branded materials
Information Technology Act, 2000: Regulates electronic records and digital content sharing, relevant for online influencer activities
The Trade Marks Act, 1999: Governs the usage of brand names, logos, and trademarks in influencer content
Guidelines for Prevention of Misleading Advertisements, 2022: Provides framework for ensuring truthful and honest representation in advertisements, including influencer marketing
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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