Influencer Barter Agreement Template for United States

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Key Requirements PROMPT example:

Influencer Barter Agreement

"I need an Influencer Barter Agreement for a fashion brand providing clothing items worth $2,000 to a lifestyle influencer in exchange for 5 Instagram posts and 2 TikTok videos, with content approval rights and a 6-month usage period starting January 2025."

Document background
An Influencer Barter Agreement is essential in today's digital marketing landscape where brands increasingly collaborate with social media personalities through non-monetary arrangements. This document, governed by U.S. law, establishes clear terms for exchanging products or services for social media promotion, ensuring compliance with FTC guidelines and protecting both parties' interests. It's particularly valuable for brands testing influencer partnerships or those preferring product-based compensation over monetary payment, while providing a framework for managing expectations, deliverables, and legal obligations.
Suggested Sections

1. Parties: Identification of the brand and influencer, including legal names and contact details

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of content creation and posting requirements

5. Compensation: Description of products/services being exchanged

6. Content Requirements: Specifications for content creation and posting guidelines

7. Disclosure Requirements: FTC compliance requirements for sponsored content

8. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Exclusivity: Restrictions on working with competing brands during the agreement term

2. Content Approval: Process for brand review and approval of content before posting

3. Performance Metrics: Specific engagement or reach requirements for the campaign

4. International Rights: Terms for content use in different territories and jurisdictions

Suggested Schedules

1. Product/Service Schedule: Detailed list of products/services being exchanged including specifications and values

2. Content Guidelines: Specific requirements for content creation including dos and donts

3. Posting Schedule: Timeline and frequency of content posting with specific dates and platforms

4. Brand Guidelines: Brand requirements for visual and messaging consistency including logos and trademark usage

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

Clauses
Industries

FTC Guidelines: Federal Trade Commission regulations covering endorsement guidelines, disclosure requirements for sponsored content, truth in advertising regulations, and requirements for '#ad' or similar disclosures in influencer content

FCC Regulations: Federal Communications Commission standards for broadcasting and digital communication requirements applicable to influencer content

Intellectual Property Laws: Legal framework covering Copyright Act, trademark laws, right of publicity, and content ownership/licensing considerations for influencer-created content

State-Specific Contract Laws: Varying state regulations regarding contract formation, enforcement, and consumer protection that may impact the barter agreement's validity and interpretation

Tax Regulations: IRS requirements for barter transactions, including Form 1099-B reporting obligations and proper declaration of value for goods/services exchanged

DMCA Compliance: Digital Millennium Copyright Act requirements covering content protection and takedown procedures for digital content

Privacy Laws: Federal and state-specific data protection requirements, COPPA compliance for child-directed content, and privacy protection obligations

Consumer Protection Laws: Regulations preventing false advertising and deceptive trade practices in influencer marketing and promotional content

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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