Influencer Partnership Agreement Template for India

The Influencer Partnership Agreement serves as a crucial legal framework for brands and social media influencers operating in the Indian market. This document has become increasingly important with the rise of social media marketing and the implementation of strict regulatory guidelines by the Advertising Standards Council of India (ASCI). It addresses key aspects such as content ownership, disclosure requirements, payment terms, and compliance with Indian advertising laws. The agreement is particularly relevant given the growing scrutiny of influencer marketing practices and the need for transparent brand-influencer relationships. It helps businesses maintain regulatory compliance while protecting their brand reputation and establishing clear expectations with influencer partners. Used primarily when engaging social media personalities for brand promotion, the document ensures alignment with both the Information Technology Act and Consumer Protection Act requirements.

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

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

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

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

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Compensation and Payment Terms: Fee structure, payment schedule, and any performance-based incentives

7. Content Guidelines and Approval Process: Brand guidelines, content approval procedures, and posting requirements

8. Compliance Requirements: Obligations regarding disclosure of sponsored content, regulatory compliance

9. Intellectual Property Rights: Ownership and usage rights of content, brand materials, and licenses granted

10. Exclusivity and Non-Compete: Restrictions on working with competing brands during the agreement term

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

12. Termination: Grounds for termination, notice requirements, and post-termination obligations

13. Confidentiality: Protection of confidential information shared during the partnership

14. Indemnification: Mutual indemnification obligations for breaches and third-party claims

15. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for dispute resolution