Influencer Marketing Contract Template for United States

An Influencer Marketing Contract is a legally binding agreement used in the United States that governs the relationship between a brand and a social media influencer. The contract outlines the scope of promotional services, content requirements, compensation terms, and compliance with FTC disclosure guidelines. It includes specific provisions for intellectual property rights, content approval processes, and platform-specific requirements while ensuring adherence to federal and state regulations regarding digital advertising and endorsements.

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What is a Influencer Marketing Contract?

The Influencer Marketing Contract serves as a critical legal framework for collaborations between brands and social media personalities in the United States. This document becomes necessary when businesses seek to leverage influencer marketing as part of their promotional strategy. It addresses key aspects including content creation, posting schedules, compensation, FTC compliance, and intellectual property rights. The contract ensures both parties understand their obligations while maintaining compliance with federal advertising regulations and platform-specific guidelines. This comprehensive agreement protects both the brand's interests and the influencer's rights while establishing clear deliverables and performance expectations.

What sections should be included in a Influencer Marketing Contract?

1. Parties: Identifies the brand/company and the influencer, including full legal names and contact details

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement including 'Content', 'Campaign', 'Platforms', 'Deliverables'

4. Scope of Services: Details the specific services the influencer will provide, including content type, posting frequency, and platforms

5. Compensation: Outlines payment terms, amounts, and schedule

6. Compliance Requirements: Specifies FTC disclosure requirements and platform-specific rules

7. Content Approval Process: Details the review and approval process for content

8. Term and Termination: Specifies contract duration and termination conditions

9. Intellectual Property Rights: Addresses ownership and usage rights of created content

What sections are optional to include in a Influencer Marketing Contract?

1. Exclusivity: Restricts influencer from working with competing brands during the contract period

2. Performance Metrics: Defines specific KPIs and reporting requirements for campaign performance measurement

3. Crisis Management: Procedures for handling negative publicity or controversies related to the campaign

4. International Compliance: Additional requirements for campaigns reaching multiple jurisdictions

What schedules should be included in a Influencer Marketing Contract?

1. Campaign Brief: Detailed description of campaign objectives, requirements, and timeline

2. Content Guidelines: Specific guidelines for content creation and brand messaging

3. Payment Schedule: Detailed breakdown of payment terms and milestones

4. Platform-Specific Requirements: Technical specifications and requirements for each social media platform

5. Disclosure Requirements: Specific language and format for required FTC and platform disclosures

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

Jurisdiction

United States

Publisher

Genie AI

Sector

Marketing

Cost

Free to use

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