INFLUENCER MARKETING AGREEMENT
THIS AGREEMENT is made on [Date],
BETWEEN:
[Brand/Company Name], a company organized and existing under the laws of [State/Country], with its principal place of business at [Brand/Company Address] (hereinafter referred to as the “Brand”);
AND
[Influencer Name], residing at [Influencer Address], (hereinafter referred to as the “Influencer”).
WHEREAS
- The Brand wishes to engage the Influencer to provide certain promotional services for the Brand’s products/services; and
- The Influencer agrees to provide such services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:
1. DEFINITIONS
1.1 “Content” means all social media posts, videos, photographs, stories, blogs, or any other material created by the Influencer in connection with this Agreement.
1.2 “Campaign” means the marketing initiative described in [Exhibit A/Section 2] relating to [Product/Service/Brand].
2. SCOPE OF WORK
2.1 The Influencer agrees to create and publish the following Content:
- [Number and type of posts, e.g., 3 Instagram posts, 2 Stories, 1 YouTube video, etc.]
- On the following platforms: [List of social media platforms]
- Featuring: [Product/Service/Brand details]
- Using the following hashtags and tags: [List required hashtags, tags, or mentions]
- Content must be posted by: [Deadlines/Dates].
2.2 The Influencer will comply with all reasonable guidelines provided by the Brand.
3. COMPENSATION
3.1 The Brand agrees to pay the Influencer:
- [Fee amount] (the “Fee”)
- Payment method: [Bank transfer/PayPal/Other]
- Payment schedule: [Upon signing/Upon completion/Other terms]
3.2 [Optional: The Influencer will also receive the following products/goods/services as part of compensation: [Details].]
4. CONTENT APPROVAL
4.1 All Content must be submitted to the Brand for approval at least [Number] days before the intended publication date.
4.2 The Brand may request reasonable edits or revisions to the Content.
5. OBLIGATIONS OF THE INFLUENCER
5.1 The Influencer shall:
- Clearly disclose the sponsored nature of the Content in accordance with applicable laws and platform rules.
- Ensure that Content is original, does not infringe third-party rights, and is not misleading or defamatory.
- Not make any false or misleading claims about the Brand or its products/services.
5.2 The Influencer shall not:
- Promote competing products/services during the term of this Agreement without prior written consent of the Brand.
- Remove the Content from platforms for at least [Number] months after posting, unless otherwise agreed.
6. INTELLECTUAL PROPERTY
6.1 The Influencer retains ownership of the Content but hereby grants the Brand a non-exclusive, worldwide, royalty-free license to use, repost, share, and display the Content for marketing and promotional purposes.
6.2 The Brand’s trademarks, logos, and copyrighted materials provided to the Influencer remain the sole property of the Brand and may only be used as specified in this Agreement.
7. CONFIDENTIALITY
7.1 The Influencer agrees to keep confidential any non-public information received from the Brand and not to disclose such information to any third party without the Brand’s prior written consent.
8. TERM AND TERMINATION
8.1 This Agreement shall commence on [Effective Date] and continue until [End Date/Completion of Campaign], unless terminated earlier as provided herein.
8.2 Either party may terminate this Agreement with [Notice Period Days] days’ written notice.
8.3 In the event of material breach by either party, the non-breaching party may terminate this Agreement immediately upon written notice.
9. REPRESENTATIONS AND WARRANTIES
9.1 Each party represents and warrants that it has the right and authority to enter into this Agreement.
9.2 The Influencer represents that the Content will be original and will not infringe the rights of any third party.
10. INDEMNIFICATION
10.1 Each party agrees to indemnify and hold harmless the other party from and against any claims, damages, liabilities, or expenses arising from the breach of this Agreement or the negligence or misconduct of the indemnifying party.
11. LIMITATION OF LIABILITY
11.1 Neither party shall be liable to the other for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement.
12. GOVERNING LAW
12.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Law State/Country].
13. MISCELLANEOUS
13.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.
13.2 Any amendments or modifications to this Agreement must be in writing and signed by both parties.
13.3 Notices under this Agreement shall be sent to the addresses set out above (or as otherwise notified in writing).
14. DISCLAIMER
This document is a template and may not be suitable for all situations. The parties should consult with legal counsel before signing this agreement.
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Influencer Marketing Agreement as of the date first written above.
[Brand/Company Name]
By: ___________________________
Name: [Name]
Title: [Title]
Date: _________________________
[Influencer Name]
Signature: _____________________
Date: _________________________
