7 Important Elements of Influencer Marketing Agreements
Gone are the days that marketing professionals and their influencer collaborators seal agreements only through messaging apps, emails, and even verbal commitments. The many disagreements that escalated to nasty legal battles in the past have prompted companies, especially PR and communications agencies, to provide written agreements to protect the reputation of both the influencer and the brand.
The benefits of legal contracts include setting the expectations of both influencers and brands so they can create and deliver content that meets everyone's goals. And when the parties involved are immensely satisfied with the outcomes, they are probably gonna work with each other again in the future. A win-win situation, right?
Here, we present 7 Important Elements of Influencer Marketing Agreements that you can make use of for your social media marketing plan:
There are many ways of how influencers are paid. Hence, the agreement should explain how you'll pay the influencer.
Originally, their compensation is determined through the number of posts and the extent of engagement or clicks they made. Payment can also be a commission, service, free products, or invitation to special events. But recently, the sector is transitioning to a performance-based model.
2. Endorsement Disclosures
As mentioned, an influencer's business relationship isn't only limited to money. They are often asked to mention products on their social media and get free samples in return rather than monetary compensation. And any transaction in this nature should be explicitly divulged to the public.
A well-written contract should comply with the Federal Trade Commission (FTC) requirement that influencers must disclose when their posts are paid advertisement by using hashtags like #ad, #sponsored, or #paid. Meanwhile, tags like #ambassador, #partner, #thanks (name of brand) without further context don't suffice anymore. Influencers and brands who fail to share their paid relationships in their posts can be subjected to lawsuits and fines from consumers.
According to Michael Lasky, a senior partner at Davis & Gilbert law firm, a good contract should stipulate as many details as possible on the influencer's activities during a specific campaign. He advised that the agreement should include the format, length, promotional technique, due dates for deliverables, the type and length of posts, and even the time between posts.
Many new and young influencers do not have a grasp of what they're getting into. Therefore, a contract should specify the guidelines for the exclusivity of a certain campaign. The legal document should indicate the nature, limitations, and restrictions of an influencer from engaging with other competing brands.
Whether you're an influencer or a brand owner, you know it's a good deal when you are given a chance to pre-approve or request changes in content production.
Having a contract that lays out the scope and how much flexibility you have for a particular assignment is the best way to go to have a peaceful agreement.
6.Ownership of the Content
One ambiguous area of influencer marketing is the use and re-use of content.
A contract should define whether the brand or the influencer owns the sponsored content and the timeline until when the parties can utilize the said material. A definite content ownership rights should be there in the contract, as most brands would still make use of the content for other marketing initiatives even after a campaign concludes.
Abruptly ending an unfinished campaign due to the influencer's negligence happens more often than you think. And to safeguard your reputation as a brand, a termination clause in your influencer agreement is a must.
Ideally, a company should be able to legally cease a contract at any time, especially when the influencer commits a rogue behavior, felony, moral crime, or any material breach of contract.
Having clear contracts is a must for anyone who engages in business, particularly in a field where the course of business is concerned with promoting and selling goods and services using social media influence.
With social media being one of the top trend marketing platforms for the past ten years, both brands and influencers should protect themselves from shady and rogue behaviors. Although most agreements may look restrictive, these can help parties achieve the goals of the campaign.
ellievsbear
areudirty
jacobvanloon
stormborns
dededos