An influencer (social media) contract is an agreement in which a brand hires a social media influencer to promote their product. The form outlines the type of service (such as product endorsements, sponsored posts, event appearances), the payment terms, and each party’s responsibilities.
An influencer contract allows a company (the client) to enter into a binding professional relationship with an influencer (the contractor) to advertise their brand. The contract sets out in clear terms the client’s expectations and the influencer’s marketing duties.
An influencer contract should include the following provisions:
- Services. The details of the services, including any hashtags to use, what social network to post on, and required disclosures (such as complying with FTC rules).
- Payment terms. The amount that the influencer will receive for their services and the payment date.
- Retainer. An upfront payment used to secure the influencer’s services.
- Contingency. An additional payment provided to the influencer if a target (such as a set amount of views, clicks, sales) is met.
- Expenses. Establishes which party is responsible for expenses under the contract.
- Confidentiality. Ensures both parties refrain from disclosing sensitive or confidential information.
- Signatures. The signatures of the client and the influencer.
- THE PARTIES. This Influencer Contract (the “Agreement”) made this [MM/DD/YYYY] is by and between:
Advertiser: [NAME] with a mailing address of [ADDRESS] (“Advertiser”), and
Influencer: [NAME], with a mailing address of [ADDRESS] (“Influencer”).
The Advertiser and the Influencer are individually referred to herein as a “Party” and collectively as the “Parties.”
- COMMENCEMENT AND DURATION. This Agreement is to commence upon [MM/DD/YYYY]. This Agreement is for: (check one)
☐ – Ongoing Term. The terms of the Agreement remain in effect until terminated by either Party, giving [#] days’ notice to the other Party.
☐ – Fixed-Term. This Agreement shall terminate on [MM/DD/YYYY].
- CONTENT REQUIREMENTS. The Influencer shall make social media postings for the Advertiser as described: [CONTENT DESCRIPTION]
The Content must be original, factual, compliant with the terms and conditions of the social media platforms used, compliant with all applicable FTC guidelines, and must contain any tags, links, or titles the Advertiser requests to be included.
- ADVERTISER APPROVAL. The Influencer is: (check one)
☐ – REQUIRED to obtain approval before publishing a post.
☐ – NOT REQUIRED to obtain approval before publishing a post.
- SOCIAL MEDIA PLATFORMS. The Content shall be published on the following Influencer’s social media profiles: [SOCIAL MEDIA PROFILES]
- PAYMENT. The Advertiser agrees to pay the Influencer in the following manner: (check all that apply)
☐ – Flat Fee: [$]
☐ – Commission: [% OF PRODUCTS/SERVICES SOLD]
☐ – Products/Services: [DESCRIPTION]
☐ – Other: [OTHER]
- PAYMENT INSTRUCTIONS. The Advertiser is required to pay the Payment Amount to the Influencer by: (check one)
☐ – Pre-Payment. The Influencer is to be pre-paid by the Advertiser prior to any content that is to be posted.
☐ – Payment Upon Receipt. The Influencer is to be paid no later than [#] days following the receipt of an invoice.
- CONFIDENTIALITY. The Influencer must:
- Avoid disclosing confidential or proprietary information that is not authorized by the Advertiser to any third parties, both during the term of this Agreement and for at least one (1) year following its termination.
- Avoid making copies or duplicating the Advertiser’s confidential and proprietary information unless directed to do so by the Advertiser;
- Only use specific information provided by the Advertiser for use that is explicitly authorized by the Advertiser; and
- Inform the Advertiser immediately if they become aware of unauthorized disclosure or use of any potential confidential or proprietary information.
- EXECUTION. The Parties each represent and warrant to the other that each person executing this Agreement on behalf of each Party is duly authorized to execute and deliver this Agreement on behalf of that Party.
Advertiser’s Signature: ____________________________ Date: [MM/DD/YYYY]
Print Name: [ADVERTISER PRINTED NAME]
Influencer’s Signature: ____________________________ Date: [MM/DD/YYYY]
Print Name: [INFLUENCER PRINTED NAME]