INFLUENCER AGREEMENT
.
This Influencer Agreement (“Agreement”) is entered into this [DATE] by and between the Advertiser
[NAME] and the Influencer [NAME]
The Advertiser and the Influencer agree:
- Appointment.
The Advertiser would like the Influencer’s assistance in promoting / offering / selling the
Advertiser’s products via their social media accounts. The Advertiser hereby appoints the
Influencer as its representative on a non-exclusive, non-employee basis to endorse and promote
its services to the target audience. - Term.
This Agreement shall have an initial term of ________year(s) and shall automatically renew for
additional ________year(s) terms thereafter unless either party provides thirty days(30)prior
written notice of its intention of nonrenewal. - Deliverables.
The Influencer will deliver the agreed number of posts (story post and feed post) which
is___________ posts on the agreed platforms on behalf of the Advertiser according to the
delivery schedule specified by the Advertiser. The Services shall conform to the specifications
and instructions of the Advertiser as outlined in this contract. The influencer shall abide by the
rules of the relevant social media platforms, and are subject to the Advertiser’s acceptance and
approval. The Advertiser has a maximum of ____________days to reject any deliverable in
accordance with this Section and must notify the Influencer within_________ days of receipt of
work that additional revisions and/or amendments will be requested.
- Cancellation.
Either party may terminate this agreement upon __days prior written notice if the other party breaches this agreement and does not cure such breach within such time period. In addition to any right or remedy that may be available to the Advertiser under this agreement or applicable law. In addition, in the event that the Influencer has breached this agreement, the Advertiser may (i) immediately suspend, limit or terminate the Influencer’s access to any Advertiser account and/or; (ii) Instruct the Influencer to cease all promotional activities or make clarifying statements, and the Influencer shall immediately comply. Either party may terminate this agreement at any time without cause upon _ day’s prior written notice to the
other party. - Collateral Details.
The Advertiser shall provide the necessary content and briefing materials to enable the
Influencer to perform the influencer marketing services. If the Influencer has obtained
employees or agents (the “Influencer Personnel”), the Influencer shall be solely responsible for
all costs associated with the Influencer Personnel. - Items to Avoid in Influencer Posts
The Influencer agrees to avoid mentioning the following agreed competitors of The Advertiser:
The Influencer agrees to abide by all guidelines set in the Brand Rule Guidelines. (For example,
all blog posts, social media statuses, tweets, and/or comments should be in good taste and free
of inappropriate language and/or any content promoting bigotry, racism or discrimination based
on race, gender, religion, nationality, disability, sexual orientation, or age).
- Approval and Content Origination
The Influencer understands that all promotions and products they promote as part of this
agreement are controlled by the Advertiser. The Influencer assumes all responsibility for
verifying that the campaign materials used meet the Advertiser’s approval. - Confidentiality and Exclusivity.
During the course of the Influencer’s performance of services for the Advertiser, the Influencer
will receive, have access to and create documents, records and information of a confidential and
proprietary nature to the Advertiser and customers of the Advertiser. The Influencer
acknowledges and agrees that such information is an asset of the Advertiser or its clients, is not
generally known to the trade, is of a confidential nature and, to preserve the goodwill of the
Advertiser and its clients must be kept strictly confidential and used only in the performance of
the Influencer’s duties under this Agreement.
The Influencer agrees that he/she will not use, disclose, communicate, copy or permit the use or
disclosure of any such information to any third party in any manner whatsoever except to the
existing employees of the Advertiser or as otherwise directed by the Advertiser in the course of
the Influencer’s performance of services under this Agreement, and thereafter only with the
written permission of the Advertiser.
Upon termination of this Agreement or upon the request of the Advertiser, the Influencer will
return to the Advertiser all of the confidential information, and all copies or reproductions
thereof, which are in Influencer’s possession or control. The Influencer agrees that during the
tenure of this contract, and for a _ term afterward, the Influencer will not undertake
influencer marketing for a competitor in the same vertical as the Advertiser.
- Compensation.
In full consideration of the Influencer’s performance, his / her obligations and the rights granted
herein, the Influencer shall be paid the amount agreed upon between the Influencer and
Advertiser. This includes any agreed bonus incentives should the Influencer meet the agreed
targets. The Influencer will otherwise perform the services at his/her own expense and use
his/her own resources and equipment. The Influencer acknowledges that the agreed upon
compensation represents the Influencer’s entire compensation with respect to this agreement
and the Advertiser shall have no other obligation for any other compensation to or expenses or
costs incurred by the Influencer in connection with the performance of its obligations under this
agreement. - Material disclosures and compliance with FTC Guidelines.
When publishing posts/statuses about the Advertiser’s products or services, the Influencer must
clearly disclose his/her “material connection” with the Advertiser, including the fact that the
Influencer was given any consideration, was provided with certain experiences or is being paid
for a particular service. The above disclosure should be clear and prominent and made in close
proximity to any statements that the Influencer makes about the Advertiser or the Advertiser’s
products or services. Please note that this disclosure is required regardless of any space
limitations of the medium (e.g. Twitter), where the disclosure can be made via Hashtags, e.g.
sponsored. The Influencer’s statements should always reflect the Influencer’s honest and
truthful opinions and actual experiences. The Influencer should only make factual statements
about the Advertiser or the Advertiser’s products which the Influencer knows for certain are true
and can be verified.
- Payment Terms.
Payment can be made by ___ [State mode of money transfer e.g. PayPal etc.] to
the address given by the Influencer. Payments will be due ___________days after the agreed
invoice date. - Force Majeure.
If either party is unable to perform any of its obligations by reason of fire or other casualty,
strike, act or order of public authority, act of God, or other cause beyond the control of such
party, then such party shall be excused from such performance during the pendency of such
cause. - Independent Contractor.
The Influencer is retained as an independent contractor of the Advertiser. The Influencer
acknowledges and agrees that;
(i) The Influencer is solely responsible for the manner and form by which the Influencer
performs under this Agreement, and
(ii) The Influencer is a self-employed individual, who performs services similar to the
services outlined in this contract for various entities and individuals other than the
Advertiser. The Influencer is responsible for the withholding and payment of all taxes
and other assessments arising out of the Influencer’s performance of services, and
neither the Influencer nor any of the Influencer’s employees or independent clients shall
be entitled to participate in any employee benefit plans of the Advertiser.
- Governing law
This Agreement shall be construed and enforced pursuant to the laws and decisions of State /
Country._
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the
parties as set forth below:
Advertiser’s signature Date
Influencer’s signature Date
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