Comprehensive Influencer Compliance Advertising Agreement
THIS INFLUENCER COMPLIANCE ADVERTISING AGREEMENT ("Agreement") is entered into this [Date, e.g., "1st day of January, 2050"],
BETWEEN:
[Your Company Name], a corporation duly incorporated under the laws of [State/Country, e.g., "California"], having its principal place of business at [Your Company Address], herein represented by [Your Company Representative's Name], in the capacity of [Your Company Representative's Position, e.g., "Director of Marketing"], hereinafter referred to as the "Company";
AND
[Influencer Name], an entity duly organized and existing under the laws of [State/Country], with its registered address at [Influencer Address], herein represented by [Influencer Representative's Name], in the capacity of [Influencer Representative's Position], hereinafter referred to as the "Influencer";
WHEREAS, the Company desires to engage the Influencer for promotional activities, and the Influencer possesses the expertise and capability to perform such activities;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Background
A. Company Details
Company Name: [Your Company Name]
Company Email: [Your Company Email]
Company Website: [Your Company Website]
Company Address: [Your Company Address]
Company Phone Number: [Your Company Phone Number]
Company Social Media: [Your Social Media]
The "Company" referred to herein is [Your Company Name], a corporation duly incorporated under the laws of [Your Jurisdiction], having its principal place of business at [Your Company Address], and engaged in [Brief Description of Company Activities, e.g., "marketing and distribution of consumer products"]. The Company can be contacted via email at [Your Company Email], through its official website at [Your Company Website], or by phone at [Your Company Phone Number]. The Company also maintains an active presence on various social media platforms, including but not limited to [List of Social Media Handles and Links].
B. Influencer Details
Influencer Name: [Influencer Name]
Influencer Email: [Influencer Email]
Influencer Phone: [Influencer Phone]
The "Influencer" referred to herein is [Influencer Name], an individual with expertise in social media marketing and promotion. The Influencer can be contacted via email at [Influencer Email] and by phone at [Influencer Phone].
II. Scope of Work
The "Company" hereby engages the "Influencer" to provide promotional services and engage in marketing activities as outlined herein. The scope of work ("Scope") to be undertaken by the Influencer shall include, but not be limited to, the following:
A. Promotional Activities
Content Creation: The Influencer shall be responsible for creating and publishing promotional content that highlights and showcases the Company's products or services. Such content may include, but is not limited to, posts, videos, stories, or other forms of media that are suitable for dissemination through the Influencer's social media channels.
Audience Engagement: The Influencer shall actively engage with their social media audience to respond to comments, inquiries, and feedback related to the Company's products or services. This engagement is aimed at fostering a positive relationship between the Company and the Influencer's followers.
Content Approval: Before publishing any promotional content, the Influencer shall submit such content to the Company for review and approval. The Company reserves the right to request revisions or modifications to the content to ensure alignment with its brand guidelines and values.
B. FTC Compliance
Disclosure and Transparency: The Influencer shall adhere to all applicable laws and regulations, including but not limited to the Federal Trade Commission (FTC) guidelines, concerning disclosure and transparency in advertising. This includes clearly and conspicuously disclosing their relationship with the Company in all promotional content, ensuring that viewers or readers are aware of the commercial nature of the content.
C. Exclusivity
Exclusivity Agreement: During the term of this Agreement, the Influencer agrees not to engage in similar promotional activities or agreements with competitors of the Company without prior written consent from the Company.
D. Reporting
Performance Reports: The Influencer shall provide regular performance reports to the Company, including metrics such as engagement rates, reach, and impressions related to the promotional content. These reports will help assess the effectiveness of the promotional campaign.
The Scope shall be carried out diligently and by the terms and conditions outlined in this Agreement. Any changes or modifications to the Scope shall be documented in writing and agreed upon by both parties in an amendment to this Agreement.
III. Compensation
In consideration for the services provided by the Influencer as detailed in Section 2 (Scope of Work) of this Agreement, the Company agrees to compensate the Influencer as follows:
A. Payment Amount
Payment Amount: The Company shall pay the Influencer the total sum of [$000.00] as compensation for the promotional activities outlined in this Agreement. The payment amount is subject to any adjustments or additional compensation as may be agreed upon in writing by both parties in the event of changes to the Scope of Work.
B. Payment Terms
Payment Schedule: The compensation shall be paid to the Influencer by the following payment schedule:
[Specify Payment Schedule, e.g., "One-half (50%) of the total compensation shall be paid upon the execution of this Agreement, and the remaining one-half (50%) shall be paid upon successful completion and approval of the promotional content."]
Payment Method: Payments to the Influencer shall be made through [Specify Payment Method, e.g., "electronic bank transfer to the Influencer's designated bank account"].
C. Taxes
Tax Liability: The Influencer acknowledges that they are responsible for any taxes or tax obligations arising from the compensation received under this Agreement. The Company shall not withhold any taxes from the payments made to the Influencer.
D. Currency
Currency: All monetary transactions and payments under this Agreement shall be conducted in [Specify Currency, e.g., "United States Dollars (USD)"] unless otherwise agreed upon in writing by both parties.
The compensation outlined in this section shall serve as full and final payment for the services provided by the Influencer under this Agreement unless otherwise specified in writing by both parties.
IV. Promotional Activities
A. Content Creation
The Influencer shall undertake the responsibility of generating and disseminating engaging promotional content that showcases the Company's products or services to the target audience. Such content may encompass a variety of formats, including but not limited to posts, videos, stories, and other suitable media, all of which will be shared across the Influencer's designated social media channels.
B. Content Approval
Before the publication of any promotional content, the Influencer is obligated to submit said content to the Company for a comprehensive review and approval process. The Company retains the prerogative to request revisions or, in circumstances where the content does not align with the Company's established brand guidelines or values, reject the content altogether. This approval mechanism ensures that all promotional materials meet the Company's standards for quality, consistency, and compliance.
C. FTC Compliance
The Influencer must maintain strict compliance with all pertinent laws and regulations, including but not limited to the guidelines set forth by the Federal Trade Commission (FTC) about transparency and disclosure in advertising. The Influencer is required to make clear and conspicuous disclosures of their affiliation with the Company in all promotional content, ensuring that viewers or readers are made fully aware of the commercial nature of the content and any financial arrangements involved.
These measures within the "Promotional Activities" section collectively serve to enhance the quality, transparency, and legal compliance of the promotional efforts undertaken by the Influencer on behalf of the Company.
V. Term and Termination
The duration and conditions under which this Agreement remains in force are outlined in this "Term and Termination" section.
A. Termination for Convenience
Termination Notice
Termination for Convenience: It is understood that either party, the Company or the Influencer, has the right to terminate this Agreement for convenience. In such a case, the terminating party must provide written notice to the other party with at least [X] days' notice before the intended termination date. This allows for an orderly conclusion of the business relationship and provides both parties with the necessary time to wrap up ongoing activities and obligations.
B. Obligations upon Termination for Convenience
Upon the termination for convenience, the Company shall be responsible for any outstanding payments owed to the Influencer for services rendered up to the termination date, subject to the terms specified in the "Compensation" section of this Agreement. The Influencer, in turn, shall promptly deliver any outstanding deliverables or materials to the Company as agreed upon.
C. Termination for Breach:
Material Breach
Termination for Breach: Either party possesses the right to terminate this Agreement immediately in the event of a material breach by the other party. A material breach refers to a substantial violation of the terms, conditions, or obligations specified in this Agreement, which significantly hinders or jeopardizes the successful execution of the Agreement's purpose.
D. Notice of Termination for Breach
The non-breaching party shall provide written notice to the breaching party specifying the nature of the breach and the intent to terminate this Agreement due to the breach. Such notice shall be delivered promptly upon the discovery of the breach, allowing the breaching party an opportunity to rectify the breach if possible.
E. Consequences of Termination for Breach
Upon a termination for breach, the non-breaching party shall not be liable for any further obligations under this Agreement. Any payments or compensation owed at the time of termination shall remain due and payable, subject to the terms outlined in the "Compensation" section. The breaching party shall promptly return any materials, confidential information, or assets of the other party and cease using any such assets.
These provisions under the "Term and Termination" section are designed to ensure that the Agreement can be terminated with due notice or immediately in the case of a material breach, thus safeguarding the interests and rights of both parties involved.
VI. Confidentiality
The Influencer acknowledges and agrees to the utmost importance of maintaining the confidentiality of all information deemed confidential by the Company. This commitment includes, but is not limited to, any proprietary data, trade secrets, marketing strategies, financial information, customer lists, and any other information provided by the Company or acquired during their engagement. The Influencer shall refrain from disclosing, disseminating, or sharing such confidential information with any third parties without obtaining the prior written consent of the Company. This obligation of confidentiality shall endure both during the term of this Agreement and indefinitely thereafter, ensuring the protection of the Company's sensitive and proprietary information from unauthorized disclosure or use.
VII. Governing Law
This Agreement shall be governed by and construed by the laws of [Your Jurisdiction]. The parties hereby agree that any disputes, controversies, or claims arising out of or in connection with this Agreement, its interpretation, execution, or any breach thereof, shall be subject to the exclusive jurisdiction and venue of the competent courts located within [Your Jurisdiction]. The choice of [Your Jurisdiction] as the governing law is intended to provide a clear and agreed-upon legal framework for the resolution of any potential disputes, thereby ensuring a consistent and reliable basis for the enforcement and interpretation of the terms and conditions set forth herein.
VIII. Entire Agreement
This Agreement represents the complete and exclusive understanding and agreement between the parties, encompassing all matters discussed, negotiated, and agreed upon between them. It supersedes and nullifies any prior or contemporaneous understandings, representations, agreements, and warranties, whether oral or written, that may have existed between the Company and the Influencer. No modification or alteration of this Agreement shall be effective unless it is made in writing and duly executed by both parties. This provision ensures clarity and finality in the terms and obligations set forth herein, eliminating any ambiguity and preserving the integrity of the Agreement as the sole and comprehensive expression of the parties' intentions and commitments.
IN WITNESS WHEREOF, the parties hereto have executed this Influencer Compliance Advertising Agreement as of the Effective Date.
Company Name: [Your Company Name]
[Your Name]
[Your Email Address]
[Your User Phone]
Influencer Name: [Influencer Name]
[Influencer Email]
[Influencer Phone]
