Drafting a Professional Brand Ambassador Contract

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

As an expert in the business of brand ambassador contracts, I understand how important it is for companies and their brand ambassadors to have an agreement that is drafted correctly, ensuring that both parties are clear on their responsibilities. Without a contract in place, misunderstandings can easily arise and disputes can quickly take over – something which no business wants to experience.

A good brand ambassador contract should always be tailored to the specific needs of both parties involved, ensuring that all expectations and responsibilities are laid out clearly. It should also include a termination clause detailing what must be agreed upon before either side can end the agreement. This will help to protect both sides from any potential legal issues, and provide resolution should any disputes arise.

At Genie AI we offer access to our open source legal template library with millions of datapoints teaching our AI what constitutes a market-standard brand ambassador contract. With this knowledge anyone can draft high-quality documents without paying a lawyer; providing an efficient way for businesses and ambassadors alike to get the clarity they need on their respective roles without the expense or hassle of seeking professional advice.

When it comes to successful business relationships involving brand ambassadors, having a well-drafted contract is essential for protecting all parties involved; detailing expectations of each other’s capabilities as well as outlining rights and responsibilities throughout the agreement time period. At Genie AI we recommend entering into such an agreement prior embarking on any business relationship - ultimately minimizing risks and increasing chances of success down the line. Read on below for our step-by-step guidance and find out how you can access our template library today!

Definitions

Agreement: A legally binding document between two or more parties outlining the terms and conditions of an arrangement.
Term: A period of time that an agreement is in effect.
Geographic scope: The geographical area where the terms of an agreement will apply.
Remuneration: Payment or compensation given in exchange for services provided.
Intellectual property: Creations of the mind such as inventions, literary and artistic works, designs, and symbols.
Confidentiality: The obligation of a party to keep certain information private and not share it with other parties.
Non-disclosure: An agreement between two parties in which one party agrees not to disclose information shared by the other party.
Likeness: A representation or image of someone or something.
Publicity rights: The right to control how one’s image, name, or likeness is used for marketing and promotional purposes.
Termination clauses: Clauses in an agreement that specify the conditions under which the agreement can be terminated.
Arbitration: A process of resolving disputes outside of court.
Choice of law: The law that applies to an agreement.
Reporting structure: A system of reporting relationships within an organization.
Deliverables: Results that must be achieved by a certain date in order to fulfill the terms of an agreement.

Contents

1. Defining the Role of the Brand Ambassador
2. Clarifying the duties of the ambassador
3. Specifying the length of the term
4. Determining the geographic scope of the role
5. Outlining any specific activities that will be required
6. Establishing Compensation
7. Outlining the compensation structure
8. Specifying any potential bonuses or incentives
9. Determining any other forms of remuneration
10. Setting Out Intellectual Property Considerations
11. Ensuring that the brand ambassador has the right to use and develop the brand’s intellectual property
12. Ensuring that the brand retains ownership of all IP created by the ambassador
13. Drafting Confidentiality and Non-Disclosure Agreements
14. Outlining the conditions under which confidential and proprietary information may be shared
15. Ensuring that the ambassador does not disclose any confidential information
16. Specifying Publicity Rights
17. Outlining the rights of the brand to use the ambassador’s likeness and name in promotional activities
18. Setting out the conditions under which the ambassador may discuss the brand or its products
19. Establishing Termination Clauses
20. Outlining the conditions under which the contract may be terminated
21. Specifying the consequences of any breach of the contract
22. Drafting an Arbitration Clause
23. Outlining the steps to be taken should an agreement be breached or a dispute arise
24. Establishing a Choice of Law
25. Specifying the jurisdiction in which the contract will be enforced
26. Determining the applicable laws
27. Drafting a Reporting Structure
28. Outlining the ambassador’s reporting structure
29. Defining the frequency of reports
30. Establishing a Timeline for Deliverables
31. Establishing deadlines for deliverables
32. Outlining any penalties for missed deadlines

Get started

Defining the Role of the Brand Ambassador

• Determine the goal of the Brand Ambassador and how they will be an asset to the company
• Outline the duration of the contract and any terms of renewal
• Describe the Brand Ambassador’s obligations and duties
• Define the compensation for the Brand Ambassador
• List any other incentives or benefits the Brand Ambassador will receive
• Set performance expectations
• Determine how the Brand Ambassador will interact with the company’s other representatives
• Note any legal requirements the Brand Ambassador must fulfill

You’ll know you can check this off your list and move on to the next step when you have answered all the questions above and have a clear understanding of the role of the Brand Ambassador and how they will benefit the company.

Clarifying the duties of the ambassador

• Identify the specific responsibilities of the brand ambassador within their contract
• Outline the duties clearly and concisely
• Specify how much contact the ambassador will be expected to have with the company
• Detail what the company expects from the ambassador, including any promotional activities or goals
• Include any additional expectations, such as wearing the brand’s apparel or attending specific events
• Ensure that both parties understand the scope of the position

Once you have outlined all the duties of the brand ambassador in the contract, you can move on to the next step: specifying the length of the term.

Specifying the length of the term

• Determine the duration of the brand ambassador’s role.
• Consider the length of time the ambassador will be representing the brand and the length of time that the brand would like the ambassador to stay with the company.
• Agree on the length of the term, whether it be a short-term or a long-term agreement.
• Specify the exact date and time when the contract will begin and when it will end.
• Draft the terms of the contract, including the length of time, into the document for review and agreement.

Once you have determined the length of the term, drafted it into the document, and agreed on the terms of the contract, you can move on to the next step.

Determining the geographic scope of the role

• Determine the geographical scope of the role for the brand ambassador, including any specific locations or regions where the ambassador’s services will be required.
• Research any relevant laws and regulations that may apply to the brand ambassador’s activities in the geographic area.
• Outline any restrictions or limitations that may be imposed on the brand ambassador due to the geographical scope of the role.
• Include any such restrictions or limitations in the contract.
• When all geographical restrictions and limitations have been included in the contract, the step is complete.

Outlining any specific activities that will be required

• List out all activities that the brand ambassador is expected to do, such as hosting events, attending events, participating in webinars, and other tasks.
• Take into consideration any special activities the ambassador may need to do based on the services or products provided by the company.
• Note any activities that are not allowed and should not be expected from the ambassador.
• Make sure that all activities are clearly outlined and defined in the contract.
• Review the list of activities with the brand ambassador to ensure that everyone is on the same page.

When you can check this off your list and move on to the next step:

• Once you have a clear understanding of the activities that the brand ambassador is expected to do, you can move on to the next step - Establishing Compensation.

Establishing Compensation

• Determine what kind of compensation will be offered (monetary, in-kind, etc.)
• Identify any associated expenses (travel, incidentals, etc.) that will be covered
• Specify how and when the compensation will be paid (hourly rate, lump sum, etc.)
• Include any bonus or incentive structures that may be part of the compensation
• Once all of the above is determined and specified in the contract, this step is complete.

Outlining the compensation structure

• Determine the hourly rate or flat fee for the Brand Ambassador’s services
• Decide whether the Brand Ambassador will be paid for any travel expenses related to their duties
• Specify the payment terms including when and how the Brand Ambassador will be paid
• Outline any other expenses related to their duties that the Brand Ambassador will be reimbursed for
• Include any details related to overtime or other types of extra compensation
• Once all compensation structure details have been determined and included in the contract, this step is complete.

Specifying any potential bonuses or incentives

• Brainstorm potential bonuses or incentives that could be offered to the Brand Ambassador
• Consider what kind of bonus or incentive would be appropriate given the scope of the Brand Ambassador’s responsibilities
• Incorporate the bonus or incentive into the contract as part of the compensation structure
• Be sure to include the details of how the bonus or incentive will be calculated and paid out
• Once you’ve finalized the bonus or incentive section of the contract, you can check this off your list and move on to the next step.

Determining any other forms of remuneration

• Consider any other forms of remuneration, such as reimbursement for incurred expenses, travel or other expenses, or other forms of financial compensation.
• Include these in the contract in detail.
• Once you have determined all forms of remuneration, you can move on to the next step.

Setting Out Intellectual Property Considerations

• Ensure that the contract includes a clause stating that all intellectual property developed by the brand ambassador during their tenure remains the property of the brand.
• Make sure that the contract clearly states that any materials created by the brand ambassador (including any photographs, graphics, logos, or other creative materials) must not be used or distributed without the knowledge and consent of the brand.
• Make sure that the brand ambassador has the right to use and develop the brand’s intellectual property, including any logos, trademarks, or other assets.
• Clearly define who owns the intellectual property created by the brand ambassador during the contract period.
• Once the clauses on intellectual property have been established and agreed upon, you have successfully completed this step and can move on to the next one.

Ensuring that the brand ambassador has the right to use and develop the brand’s intellectual property

• Draft contract clause that defines the IP that the brand ambassador can use and develop and the extent to which they can do so
• Define the scope of the ambassador’s IP usage rights and how they can use the IP
• Specify whether the ambassador can create derivative works of the IP or modify it
• Include clauses that dictate how the ambassador may use the IP in their own marketing efforts
• Once all of these considerations have been addressed and agreed to by both parties, you can move on to the next step.

Ensuring that the brand retains ownership of all IP created by the ambassador

• Clearly define what is considered intellectual property and make sure that this includes any content created by the ambassador
• Explain that the brand retains all rights to the intellectual property created by the ambassador
• Outline that the ambassador is not granted any ownership rights to the intellectual property
• State that the brand has the right to use the intellectual property created by the ambassador in any way
• Specify that the brand has the right to transfer or license its intellectual property to third parties

Once you have outlined the details regarding the intellectual property rights of the brand, you can move on to the next step of drafting confidentiality and non-disclosure agreements.

Drafting Confidentiality and Non-Disclosure Agreements

• Research and review existing confidentiality and non-disclosure agreements
• Consult with legal counsel to ensure that the agreement is legally binding and compliant with relevant laws
• Draft the agreement, ensuring that it includes provisions to protect the disclosure and use of confidential information
• Define a period of time during which the information must remain confidential
• Specify the circumstances under which confidential information can be shared
• Include an obligation for the ambassador to return or destroy any confidential information upon the termination of the agreement
• Review and sign the agreement with the brand ambassador

You’ll know when you can check this off your list and move on to the next step when the agreement has been drafted and signed by both parties.

Outlining the conditions under which confidential and proprietary information may be shared

• Outline the conditions under which confidential and proprietary information may be shared
• Consider the following details:
• How long the information must remain confidential
• The types of information to be shared
• The purpose for which the information can be used
• The circumstances under which the information can be shared
• The methods for securely transferring the information
• Ensure that the contract includes an explicit agreement from the ambassador not to disclose confidential information
• When this step has been completed, you can move on to the next step of ensuring that the ambassador does not disclose any confidential information.

Ensuring that the ambassador does not disclose any confidential information

• Ensure that the brand ambassador contract explicitly states that the ambassador must not disclose any confidential information or proprietary information obtained during their work for the company.
• Include language that requires the ambassador to waive any rights to publicity or royalties for any of the confidential information that is shared with them.
• Determine whether the contract should include a nondisclosure agreement that states that the ambassador must keep all confidential or proprietary information confidential and not share it with any third parties.
• Include a clause in the contract that states that the ambassador may not use the confidential information in any way that would be considered detrimental to the company.
• Have the ambassador sign and date the contract to certify that they understand and agree to the terms outlined in the contract.

How you’ll know when you can check this off your list and move on to the next step:

• Once all the necessary language has been included in the contract and the ambassador has signed and dated it, you can move on to the next step in the process.

Specifying Publicity Rights

• Outline what kind of publicity rights the brand has for using the ambassador’s name and likeness for promotional activities
• Describe the scope of using the ambassador’s name, likeness, and biographical information for promotional activities
• Determine the length of time the brand has the right to use the ambassador’s name, likeness, and biographical information
• Specify any additional terms or conditions related to the brand’s use of the ambassador’s name, likeness, and biographical information
• Make sure to include a provision that the brand will not use the ambassador’s name or likeness in any manner that could be deemed slanderous or defamatory

Once you have outlined all of the terms and conditions related to publicity rights, you can move on to the next step.

Outlining the rights of the brand to use the ambassador’s likeness and name in promotional activities

• Establish which promotional activities the brand is allowed to use the ambassador’s likeness and name for, such as advertising, marketing, or public relations.
• Specify how the brand is allowed to use the ambassador’s likeness and name, such as in digital or print formats.
• Agree on the timeframe in which the brand may use the ambassador’s likeness and name, such as for a single campaign or for an extended period of time.
• Set out the conditions under which the brand must seek permission from the ambassador if they wish to use the likeness and name for any other promotional activity.
• Ensure that the brand has the right to edit, adapt, or modify any material used in the promotional activity.
• Confirm that the brand will provide the ambassador with copies of the material used in the promotional activity.

You can check this off your list and move on to the next step when all the rights of the brand to use the ambassador’s likeness and name in promotional activities have been outlined in the contract.

Setting out the conditions under which the ambassador may discuss the brand or its products

• Outline the parameters of what the ambassador can and cannot say in regards to the brand, its products, and any activities it is associated with
• Specify what social media platforms the ambassador is allowed to use when promoting the brand
• Outline the types of content that the ambassador can post about the brand and its products
• Specify any limitations in terms of frequency and volume of posts
• Make sure that the contract explicitly states that the ambassador must not make false or misleading statements about the brand or its products

You will know you can check this step off your list when you have drafted a section in the contract that outlines all of the above points.

Establishing Termination Clauses

• Decide on the length of the contract and any potential renewal options
• Establish any conditions that would allow for the contract to be terminated early, such as a breach of contract
• Outline the notice period that must be given prior to the termination of the contract
• Describe any compensation or benefits that must be paid in the event of a termination
• Specify any additional terms or conditions related to the termination of the contract

Once all the clauses related to termination are established and included, you can check this step off your list and move on to the next step.

Outlining the conditions under which the contract may be terminated

• List all conditions under which either party can terminate the contract
• Include any notice period required before either party can legally terminate, if applicable
• Specify any fees or other costs associated with termination
• Ensure that all conditions are in line with local and national laws
• Ensure that the termination clause is fair and balanced for both parties

Once all the conditions are outlined, you can check this step off your list and move on to the next step of the guide.

Specifying the consequences of any breach of the contract

• Consider what the consequences should be for any breach of the contract, such as non-payment of fees or failure to comply with the outlined objectives
• Outline the consequences in detail in the contract, including a set of penalties or fees to be paid
• Ensure that the penalties or fees are proportional to the severity of the breach
• Include a clause that states that the parties will not be liable to each other for any further damages than what is outlined in the contract
• Once you have outlined the consequences of any breach of the contract in detail, you can check this off your list and move on to drafting an arbitration clause.

Drafting an Arbitration Clause

• Research relevant arbitration laws and regulations to ensure the clause is legally compliant
• Write an arbitration clause that outlines the process for resolving disputes and the role of arbitration
• Specify the rules for selecting an arbitrator, the venue, and any potential fees
• Make sure to include a clause that outlines the enforcement of the arbitrator’s decision
• Have the clause signed by both parties

When you have completed the arbitration clause, checked it for accuracy, and have it signed by both parties, you can check this step off your list and move on to the next step.

Outlining the steps to be taken should an agreement be breached or a dispute arise

• Outline the steps that will be taken in the event of a breach or dispute, including the process for arbitration, dispute resolution, and any other legal action.
• Detail the parties’ obligations to try to resolve the dispute amicably before any legal action is taken.
• Make sure to include clauses regarding confidentiality, non-disclosure, and enforceability of the agreement.
• Specify the jurisdiction in which any legal action will take place.
• When you have outlined the steps to be taken should an agreement be breached or a dispute arise, you can move on to the next step to establish the Choice of Law.

Establishing a Choice of Law

• Determine which state law should apply to the contract and should be used as the basis to interpret the terms of the contract
• Identify the most relevant state law that best reflects the expectations of the parties and the nature of the contract
• Include a clause that specifies the state law that will be used to interpret the terms of the agreement
• Check that the clause states that the law of the chosen state will be applied to any disputes or claims arising out of the contract
• When finished, you should have a clause that outlines the choice of law for the contract
• This step is complete when you have included a clause that specifically states the choice of law for interpreting and enforcing the contract.

Specifying the jurisdiction in which the contract will be enforced

• Identify the state in which the agreement will be enforced.
• Include language to confirm the jurisdiction of the contract.
• Decide on the forum in which any disputes arising from the agreement will be heard – usually the same state.
• Once all the relevant details have been included, you can move on to the next step.

Determining the applicable laws

• Research the legal requirements and regulations applicable to the contract in the jurisdiction you have specified
• Make sure you are aware of the relevant labor, employment, and contract laws
• Consult with a lawyer to ensure that the contract is compliant with all applicable laws
• Once you have done all of the necessary research, you can move on to the next step of drafting a reporting structure for the Brand Ambassador contract.

Drafting a Reporting Structure

• Decide whether the Ambassador will be reporting to a single point of contact or multiple contacts in the company
• Analyze any potential communication issues that could arise from having multiple points of contact
• Determine the responsibilities of the Ambassador, who will be responsible for what and how they will be held accountable
• Outline the reporting channels and contact details for both the company and the Ambassador
• Specify the reporting frequency and the expected turnaround time for reports
• Establish the format for submitting reports, including the kinds of reports the Ambassador should submit

Once you have established the reporting structure, you can check this off your list and move on to the next step.

Outlining the ambassador’s reporting structure

• Determine who the ambassador will report to within the company
• Outline the chain of command the ambassador should follow when making decisions and submitting reports
• Decide the frequency of reports the ambassador will submit
• Create an outline of the information that should be included in each report
• Determine the method in which the ambassador will submit reports (email, phone call, etc.)
• Include the reporting structure and frequency of reporting in the ambassador contract

Once the reporting structure and frequency of reporting is included in the ambassador contract, you can check this step off your list and move on to the next step.

Defining the frequency of reports

• Discuss the frequency of reports with the ambassador, including how often and in what format they should be delivered
• Set expectations for how much time the ambassador will need to dedicate to the reports
• Agree on the frequency of reports that works for both parties
• Include the details of the frequency of reports in the contract
• Once you have both agreed to the report frequency and it has been included in the contract, you can move on to Establishing a Timeline for Deliverables.

Establishing a Timeline for Deliverables

• Establish a timeline for deliverables in the contract, such as the length of the contract and any specific deadlines for reports or other deliverables.
• Consider how often the ambassador should submit reports or updates and how long they have to complete any tasks.
• Set deadlines for deliverables that are realistic and achievable, taking into account any external factors that may affect the timeline.
• Make sure both parties understand the timeline and agree to it before signing the contract.

How you’ll know when you can check this off your list and move on to the next step:

• When the timeline for deliverables is established and both parties have agreed to it, the step is complete and you can move on to the next step.

Establishing deadlines for deliverables

• Decide on clear deadlines for when each deliverable is expected to be completed.
• Outline any potential penalties for missed deadlines, such as late fees, suspensions, or cancellation of the contract.
• Include the deadlines in the contract and make sure that both parties agree to them.
• Have both parties sign the contract to ensure that the deadlines are binding.

Once both parties have agreed to the deadlines and have signed the contract, you can check this step off your list and move on to the next step, which is outlining any penalties for missed deadlines.

Outlining any penalties for missed deadlines

• Decide on what kind of penalty would be appropriate for each deliverable. Consider the importance and urgency of the deliverable and the potential impact of missing a deadline.

• Outline the penalties for missed deliverables in the contract. Make sure that the penalties are reasonable and proportional to the missed deliverable.

• Note any exceptions or special circumstances that may affect the penalties.

• Upon signing, both parties should understand the penalties for missing deadlines and agree to them.

• Once the penalties are outlined, you can check this off your list and move on to the next step.

FAQ

Q: What does a professional brand ambassador contract usually include?

Asked by Jayden on January 8th, 2022.
A: Professional brand ambassador contracts usually include clauses about the scope of the ambassadorship, the length of the agreement, any compensation to be provided to the ambassador, the terms of termination and other legally binding terms and conditions. Specifically, there may be clauses regarding intellectual property, confidentiality and dispute resolution. It’s important to have a contract in place that protects both parties from potential liabilities.

Q: How do I draft a contract that complies with UK laws?

Asked by Emma on April 15th, 2022.
A: When drafting a professional brand ambassador contract that complies with UK laws, it’s important to clearly define the scope of the ambassadorship and any compensation that may be due to the ambassador. Additionally, it’s important to include clauses outlining how disputes can be resolved and how intellectual property rights are handled. It’s also important to ensure that any clause which is contrary to UK laws is either removed or agreed upon in writing by both parties.

Q: What is the best way to ensure compliance in an EU jurisdiction?

Asked by Noah on May 10th, 2022.
A: The best way to ensure compliance in an EU jurisdiction when drafting a professional brand ambassador contract is to familiarize yourself with local laws and regulations applicable to employment contracts. Additionally, it’s important to include clauses which outline data protection requirements and dispute resolution processes. It’s also important for both parties to agree upon any clause which could be considered contrary to EU laws.

Q: Are there any specific considerations for technology companies?

Asked by Olivia on June 12th, 2022.
A: Yes, there are specific considerations for technology companies when drafting a professional brand ambassador contract. These companies should pay particular attention to clauses regarding intellectual property rights and confidentiality as they relate to their products and services. Additionally, it’s important to ensure that all data protection requirements are met and that any clause which could be considered contrary to local laws is agreed upon in writing by both parties.

Q: Are there any benefits of having a professional brand ambassador contract?

Asked by Elijah on July 19th, 2022.
A: Yes, there are numerous benefits of having a professional brand ambassador contract in place. Having a written agreement helps both parties understand their respective roles and responsibilities clearly as well as any potential liabilities that may arise during the course of the ambassadorship. Additionally, having an agreement in place helps protect intellectual property rights and ensures compliance with applicable laws and regulations in both the UK and EU jurisdictions.

Q: Are there any specific clauses I should include in my contract?

Asked by Ava on August 21st, 2022.
A: Yes, there are certain clauses you should include when drafting a professional brand ambassador contract. These include clauses outlining the scope of the ambassadorship, the length of the agreement and compensation provided to the ambassador as well as terms of termination or breach of contract. Additionally, it’s important to include clauses regarding intellectual property rights and dispute resolution processes as well as any clause which could be considered contrary to UK or EU laws.

Q: Can I customize my contract for my particular business model?

Asked by Logan on September 5th, 2022.
A: Yes, it is possible to customize a professional brand ambassador contract for your particular business model. Depending on your industry or sector (such as SaaS or Technology) you may need additional clauses regarding data protection requirements or intellectual property rights specific to your products or services. Additionally, you may need to customize certain clauses based on your individual needs such as compensation structure or termination terms if you wish for something different than what is standardly included in contracts of this type.

Q: How do I ensure my contract adheres to GDPR regulations?

Asked by William on October 14th, 2022.
A: When drafting a professional brand ambassador contract that adheres to GDPR regulations it’s important to include specific language regarding data protection requirements such as how data will be collected and stored as well as how long it will be retained for after termination of the ambassadorship agreement. Additionally it’s important for both parties to agree upon any clause which could be considered contrary to GDPR regulations before signing a written agreement.

Q: How do I ensure my contract is legally binding?

Asked by Sophia on November 16th, 2022.
A: To ensure your professional brand ambassador contract is legally binding you must have both parties sign a written agreement which outlines all terms and conditions agreed upon between them including scope of duties, length of time for ambassadorship and compensation due if applicable as well as any other legally binding terms such as confidentiality or dispute resolution processes outlined within the agreement itself. Additionally it’s important for both parties to agree upon any clause which could be considered contrary to applicable laws before signing such an agreement for it be deemed legally binding between them both.

Example dispute

Lawsuit Regarding Brand Ambassador Contract:

• A plaintiff may raise a lawsuit referencing a brand ambassador contract if it is found that the contract was breached by either party.
• The plaintiff would need to provide evidence that the defendant did not comply with the terms and conditions of the contract which were agreed to by both parties.
• The plaintiff may also reference applicable civil law and regulations that were violated by the defendant’s breach of the contract.
• Settlement of the lawsuit may be reached through mutual agreement between the parties, or through a ruling by the court.
• If damages are awarded, they may be calculated based on the amount of money lost as a result of the breach, as well as any other costs associated with the violation of the contract.

Templates available (free to use)

Brand Ambassador Contract
Brand Ambassador Contract Influencer

‍