Full-Length Influencer Advertising Contract
This Influencer Advertising Agreement ("Agreement") is entered into and made effective as of [Date], by and between [Your Company Name], a corporation incorporated under the laws of [State/Country], with its principal place of business at [Your Company Address] ("Company"), and [Name], a content creator and digital influencer, residing at [Address] ("Influencer").
This Agreement sets forth the terms and conditions under which the Influencer will provide advertising and promotional services for the Company. Both parties, recognizing the potential of this collaboration, agree to adhere to the stipulations outlined herein, aiming to achieve mutually beneficial outcomes through the Influencer's creative content and audience engagement capabilities.
WHEREAS, the Company is engaged in the marketing and sale of eco-friendly products and recognizes the value of digital marketing and social media influence in promoting its products; and
WHEREAS, the Influencer is a reputable content creator with a significant following on Instagram, YouTube, and Twitter, known for their engaging lifestyle content and product reviews; and
WHEREAS, both parties desire to enter into a mutually beneficial arrangement where the Influencer will endorse and promote the Company's products to their audience.
By entering into this Agreement, both the Company and the Influencer signify their commitment to a professional partnership based on the principles of mutual respect, transparency, and a shared goal of delivering engaging and effective advertising content. The Agreement details the responsibilities, rights, and expectations of both parties, ensuring a clear understanding and a successful execution of the intended advertising campaign:
1. Term of Agreement
1.1. The Agreement will commence on [Date] and, unless earlier terminated under the terms herein, will continue for a period of twelve (12) months.
1.2. Upon the expiry of the initial term, this Agreement may be renewed for successive terms of two (2) each, subject to mutual agreement of both parties. Any renewal shall be confirmed in writing.
1.3. Notwithstanding the above, either party may terminate this Agreement prior to the end of the term by providing thirty (30) days written notice, with or without cause.
2. Scope of Work
2.1. The Influencer shall perform services including, but not limited to, creating and posting content about the Company’s products, participating in Company’s marketing campaigns, and engaging with their audience about the Company’s products. The content shall be original and consistent with the Influencer’s style while aligning with the Company’s branding guidelines.
2.2. The Influencer agrees to create a minimum of twenty (20) posts per month, which shall include photos, videos, and blog posts. All content must reflect positively on the Company’s brand and adhere to the messaging themes provided by the Company.
2.3. All content to be published under this Agreement must be pre-approved by the Company. The Influencer agrees to collaborate with the Company’s marketing team to ensure that all content meets the Company’s standards and campaign objectives. The Company shall provide constructive feedback and guidance to align the content with the overall marketing strategy.
3. Compensation and Payment Terms
3.1. The Influencer will receive compensation in the form of a flat fee, commission, or per post basis. For a flat fee arrangement, the Influencer will be paid five hundred ($500) dollars per post. If a commission structure is agreed upon, the Influencer will receive ten (10) percent of the sales generated through their unique referral code or link.
3.2. Payments shall be issued by the Company within five (5) days following the end of each calendar month during which the services were rendered. The Company agrees to provide a detailed statement of account for all payments made.
3.3. The Influencer is entitled to reimbursement for pre-approved, reasonable out-of-pocket expenses directly related to the services provided. All expenses must be submitted with appropriate documentation within [number] days of incurring the expense for reimbursement.
4. Intellectual Property Rights
4.1. The Company shall retain ownership of all content produced by the Influencer under this Agreement, including but not limited to videos, photographs, and written posts. The Influencer hereby assigns all rights, title, and interest in the content to the Company, subject to the usage rights as outlined.
4.2. The Influencer grants the Company a perpetual, non-exclusive license to use the Influencer’s name, image, and likeness in connection with the advertising, promotion, and distribution of the Company’s products.
4.3. The Company is granted the right to use the Influencer's content across its marketing channels, including but not limited to digital advertising, print media, and in-store displays. The Company agrees not to alter the fundamental nature of the content without prior consent from the Influencer.
5. Confidentiality and Non-Disclosure
5.1. Confidential Information includes any proprietary data, trade secrets, brand strategies, customer lists, and other non-public information disclosed or made available to the Influencer by the Company. The Influencer agrees to treat all such information as confidential and to use it solely for the purpose of fulfilling their obligations under this Agreement.
5.2. The Influencer agrees not to disclose, reproduce, or distribute any Confidential Information to any third party at any time. This obligation shall survive the termination or expiration of this Agreement.
5.3. Information shall not be deemed confidential if it is publicly known through no fault of the Influencer, rightfully received from a third party not in breach of a confidentiality obligation, or independently developed without access to the Company’s Confidential Information.
6. Compliance and Disclosures
6.1. The Influencer agrees to comply with all applicable laws and regulations in the performance of their services, including but not limited to the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
6.2. The Influencer must clearly and conspicuously disclose their business relationship with the Company in all sponsored content. This disclosure must be made in a manner that is easy to understand and in close proximity to the claims they are endorsing.
6.3. The Influencer shall maintain accurate records of all sponsored content and disclosures made in connection with this Agreement. These records shall be made available to the Company upon request for compliance verification purposes.
7. Termination Clauses
7.1. Either party may terminate this Agreement upon providing thirty (30) days written notice to the other party. Grounds for termination include breach of contract, failure to meet performance standards, or changes in business strategy that render the Agreement no longer viable.
7.2. Notwithstanding the above, the Agreement may be terminated immediately by either party in the event of material breach, illegal activity, or conduct that significantly harms the reputation of either party.
7.3. Upon termination, the Influencer must cease using and remove all branded content related to the Company. The Company shall pay for all services rendered up to the termination date, provided such services meet the Agreement's standards.
8. Representation and Warranties
8.1. The Influencer represents and warrants that they have the authority to enter into this Agreement, their content will be original and not infringe on third-party rights, and they will comply with all applicable laws and regulations.
8.2. The Company represents and warrants that it has the right to enter into this Agreement, will provide accurate information and sufficient support to enable the Influencer to perform effectively, and will not require the Influencer to engage in any activity that is unlawful or unethical.
8.3. Both parties warrant that they will perform their obligations under this Agreement in a professional and competent manner and that they are not bound by any other contractual or legal restrictions that would interfere with this Agreement.
9. Indemnification
9.1. The Influencer agrees to indemnify, defend, and hold harmless the Company from any claims, damages, liabilities, costs, and expenses arising from the Influencer’s negligence, willful misconduct, or breach of this Agreement.
9.2. Similarly, the Company agrees to indemnify, defend, and hold harmless the Influencer from any claims or legal actions arising from the Company’s use of the content outside the scope of this Agreement or its breach of the Agreement.
9.3. The indemnification obligations are limited to actions within the control of the indemnifying party and will not extend to losses caused by the indemnified party's negligence or willful misconduct.
10. Dispute Resolution
10.1. This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in [State/Country].
10.2. Before resorting to litigation, the parties agree to attempt to resolve any disputes through good faith negotiations or mediation. If a dispute cannot be resolved through negotiation or mediation, the parties may then proceed to binding arbitration in accordance with the rules of Arbitration Association.
10.3. In any legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs in addition to any other relief granted.
11. General Provisions
11.1. This Agreement may only be amended or modified by a written document executed by both parties. Any oral representations or modifications shall be of no force or effect. This ensures that all changes to the contract are documented and mutually agreed upon, maintaining clarity and accountability.
11.2. This document constitutes the entire agreement between the parties, superseding all prior negotiations, understandings, or agreements, either written or oral. This clause affirms that the written contract fully and completely expresses the terms of the agreement, and no other promises or conditions exist.
11.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. This ensures that the contract remains effective even if one part is later deemed void, maintaining the integrity and enforceability of the remaining clauses.
Signatures
This Agreement is executed voluntarily and without any duress or undue influence on the part of either party. The signatures below serve as confirmation that both parties have read, understood, and agreed to the terms and conditions outlined in this document.
Each signature will be witnessed by a third party, who attests to the voluntariness and authenticity of each party's signature. The witnesses' names and signatures will also be included to provide additional validation.
The date of signing by both parties will be recorded to establish the official commencement of the Agreement. The Agreement shall be effective as of the date of the last signature.
[Your Company Name] Signature:
[Your Name]
[Job Title]
[Date]
Influencer Signature:
[Name]
[Job Title]
[Date]
