Influencer Marketing Agreement Template
This Influencer Marketing Agreement (“Agreement”) is entered into as of [Effective Date], by and between [Brand/Company Name], a [Form of Entity, e.g., corporation, LLC] organized and existing under the laws of [Jurisdiction], with its principal place of business at [Address] (“Company”), and [Influencer Name], an individual residing at [Address], (“Influencer”). Each may be referred to herein as a “Party” and collectively as the “Parties”.
WHEREAS, the Company desires to engage the Influencer to provide certain marketing and promotional services related to the Company’s products and/or services as set forth herein, and the Influencer has agreed to provide such services under the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:
Term and Termination
The term of this Agreement shall commence on [Start Date] and shall continue for a period of [Duration] unless earlier terminated in accordance with this Agreement.
Either Party may terminate this Agreement for convenience upon providing [Number] days written notice to the other Party.
The Company may terminate this Agreement immediately upon written notice in the event of any material breach by the Influencer, provided such breach remains uncured after [Number] days' written notice of such breach.
Upon termination, the Influencer shall immediately cease all promotional activities and return or destroy any Company materials as requested.
Termination of this Agreement shall not relieve either Party of any obligations accrued prior to the effective date of termination, including but not limited to payment for services rendered and confidentiality obligations.
Should the Agreement terminate prior to the completion of the term for reasons other than breach by the Company, the Influencer shall be entitled only to compensation for services performed up to the effective date of termination.
Notwithstanding any provision to the contrary, sections pertaining to Intellectual Property Rights, Confidentiality, Indemnification, Limitation of Liability, and Dispute Resolution shall survive the expiration or termination of this Agreement.
Scope of Services
The Influencer agrees to perform marketing and promotional services as designated by the Company, which may include, but are not limited to, creating and publishing social media posts, videos, blogs, live streams, or other content as mutually agreed.
The services shall specifically promote the Company’s products and/or services, which will be identified by the Company prior to the commencement of activities.
The Influencer will engage in services across the agreed platforms, including but not limited to [Instagram/TikTok/YouTube/Other Platforms] as specified by the Company.
The Influencer shall perform all services in a timely and professional manner consistent with the prevailing industry standards and in accordance with any additional instructions provided by the Company.
The Influencer shall devote such time, attention, and skill as may be necessary for the proper performance of the services and shall not delegate or subcontract any obligations without prior written consent.
The Influencer acknowledges that the Company may modify the scope of services from time to time, subject to mutual agreement, and such modifications shall be documented in writing.
Should any additional services be required beyond the original scope, the Parties shall negotiate in good faith the terms and compensation for such services.
Deliverables and Content Requirements
The Influencer shall deliver the following content as part of the services: [Number and Description of Posts/Content Types] per [Timeframe] on the designated platforms.
All content must meet the quality standards established by the Company and conform to the aesthetic, style, and messaging guidelines provided by the Company.
Content must be original to the Influencer and created solely for the purposes of fulfilling obligations under this Agreement unless otherwise approved in writing by the Company.
The Influencer shall submit all content to the Company for review and approval at least [Number] days prior to scheduled publication, unless otherwise agreed.
The content shall include appropriate tags, hashtags, mentions, or links as specified by the Company and may require the inclusion of specific disclosures or hashtags to ensure compliance with applicable advertising standards.
In the event any deliverable is deemed unsatisfactory or non-compliant by the Company, the Influencer shall revise and resubmit such content in accordance with Company feedback within [Number] days.
The Influencer shall not publish, repost, or otherwise distribute any content created pursuant to this Agreement on any platform or channel not pre-approved by the Company.
Compensation and Payment Terms
In consideration for the services rendered, the Company shall pay the Influencer a fee of [Compensation Amount] per [Post/Video/Deliverable/Time Period], subject to the terms described herein.
Payment shall be made within [Number] days upon receipt of a valid invoice from the Influencer and Company’s approval of the deliverables.
The Influencer shall be responsible for all applicable taxes and withholdings arising from the compensation received under this Agreement.
The Company reserves the right to withhold payment for any deliverable that does not conform to the requirements set forth herein until such deliverable is corrected and approved.
If the Influencer incurs any pre-approved, reasonable out-of-pocket expenses in connection with the performance of the services, such expenses shall be reimbursed upon submission of appropriate documentation and receipts.
No additional compensation shall be due except as expressly provided in this Agreement or as otherwise mutually agreed in writing.
The Influencer acknowledges and agrees that no benefits, insurance, or other employment-related rights are conferred by virtue of this Agreement.
Intellectual Property Rights
All intellectual property rights in and to any content, materials, or work product created by the Influencer in connection with this Agreement, including without limitation, photographs, videos, text, designs, or other materials (“Content”), shall be the sole and exclusive property of the Company upon delivery and payment.
The Influencer hereby irrevocably assigns, transfers, and conveys to the Company all rights, title, and interest, including all intellectual property rights, in and to any such Content, to the fullest extent permitted by law.
To the extent that any rights in the Content do not vest in the Company by operation of law, the Influencer hereby grants the Company an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license, with the right to sublicense, to use, reproduce, distribute, display, perform, edit, and create derivative works of the Content.
The Influencer agrees to execute any further documentation, at the Company’s reasonable request and expense, necessary to effectuate the purposes of this section.
The Influencer retains no right to use, exploit, or authorize the use or exploitation of any Content, except to the extent approved in advance in writing by the Company.
The Influencer shall not incorporate any third-party intellectual property into the Content without obtaining all necessary rights, licenses, and consents and shall provide evidence of such upon Company’s request.
Notwithstanding the foregoing, the Influencer retains the right to use the Content solely for the purpose of self-promotion in portfolios or media kits, provided such use does not compete with or harm the interests of the Company and is subject to the prior written approval of the Company.