Brand and Influencer Co-Creation Advertising Agreement

This Agreement is made and entered into on [January 1, 2050], by and between [Your Company Name], a corporation with its principal place of business at [Your Company Address] ("Brand"), and [Your Partner Company Name], an individual residing at [Your Partner Company Address] ("Influencer").

1. Engagement and Scope of Work

The Brand hereby engages the Influencer, and the Influencer agrees to provide services as a content creator and brand ambassador, as detailed in the Scope of Work table below:

Deliverable

Description

Due Date

Platform

Video Content

Three (3) videos

[Date]

YouTube, Instagram

2. Compensation

The compensation for the services provided by the Influencer is outlined in the table below: 

Deliverable

Compensation

Video Content

[$5,000]

Payment terms: Fifty (50) percent upfront upon signing the agreement and 50% upon completion of all deliverables.

3. Term and Termination

This Agreement shall commence on [June 1, 2050] and shall continue in effect until [December 31, 2050] or until terminated by either party with a thirty (30) day written notice.

4. Intellectual Property Rights

All content created by the Influencer under this Agreement shall be the property of Influencer, subject to the terms specified in the table below:

Deliverable

Rights Holder

Usage Rights

Video Content

Influencer

Non-exclusive use by Brand.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information received during the term of this Agreement.

6. Compliance and Representations

The Influencer agrees to comply with all laws and regulations in relation to the promotion of [Product Name] and to ensure all content is truthful and not misleading.

7. Miscellaneous

Any amendments to this Agreement must be in writing and signed by both parties.

8. Content Approval and Revision

Before publication, all content created by the Influencer must be submitted to the Brand for approval. The Brand reserves the right to request revisions. The approval and revision process is detailed in the table below:

Stage

Action

Time Frame

Initial Submission

Influencer submits content for review.

Within 7 days of content creation.

9. Performance Metrics and Reporting

The Influencer will provide performance metrics reports for all content created under this Agreement. Reporting requirements are summarized the table below:

Content Type

Metrics

Reporting Frequency

Blog Posts

Views, Likes, Comments, Shares, Click-through Rates

Monthly

10 Product Handling and Usage

The Influencer agrees to handle and use the Brand's products in a manner that is consistent with the Brand's guidelines and industry standards. Specifics regarding product handling and usage are outlined below:

Product

Handling Instructions

Usage Guidelines

[Product Name]

Handle with care; avoid exposure to extreme temperatures

Use as intended in a domestic environment; demonstrate key features in content

11. Cancellation and Early Termination

Either party may cancel this Agreement or terminate it early under certain conditions. The terms for cancellation and early termination, including any associated penalties or obligations, are summarized in the table below:

Condition

Notice Period

Reimbursement of Unearned Fees

Breach of Agreement

Immediate

No Penalties


12. Exclusivity and Non-Compete

During the term of this Agreement, the Influencer agrees not to engage in promoting or endorsing any competing products or services. Details are outlined in the table below:

Competing Brand/Service

Exclusion Period

[Your Company Name]

Duration of Agreement + 30 Days Post-Termination.

13. Sponsorship Disclosure

The Influencer is required to disclose the sponsored nature of the content in accordance with FTC guidelines. Specifics of the disclosure are detailed in the table below:

Content Type

Disclosure Method

Video Content

Verbal and written disclosure in video description.

14. Liability and Indemnification

The Influencer agrees to indemnify and hold the Brand harmless from any claims arising from the Influencer's services. Liability terms are specified below:

Condition

Responsibility

Breach of Agreement

Influencer

15. Force Majeure

Neither party shall be liable for any failure to perform its obligations where such failure results from any act of God or other cause beyond such party's reasonable control including, without limitation, any mechanical, electronic, or communications failure. Specifics are noted in the table below:

Event Type

Example

Natural Disasters

Earthquake, Hurricane, Flood

16. Creative Freedom and Brand Guidelines

While the Influencer retains creative freedom, all content must align with the Brand's image and values. The key elements of the Brand's guidelines that the Influencer must adhere to are:

Aspect

Brand Guidelines

Tone of Voice

Engaging, Friendly, Informative

17. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of [Jurisdiction], and any disputes arising from this Agreement shall be resolved through arbitration as per below:

Step

Action

1

Attempt to resolve dispute informally

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.


Brand Signature: Influencer Signature:

[Your Name] [Name]

[Job Title] [Job Title]

[Your Company Name] [Your Partner Company Name]

[Date] [Date]



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