Influencer marketing can be a powerful and profitable tool for brands, but the details of the collaboration must be put in writing. With a social media influencer contract, both parties demonstrate their commitment to preventing problems from arising before and during a campaign. In addition, influencer contracts may help protect one or both parties if there is an issue regarding the campaign’s expectations, performance or legalities.
Although a quick internet search can turn up influencer contract templates, every agreement should be customized to include details covering that specific partnership.
What to include in a contract for influencers
Put these social media influencer contract tips to use to tighten up any loopholes, protect your brand and flesh out the details of expectations, usage rights, payment, obligations, and legalities regarding the partnership.
Outline the scope of work and content rights
Spell out not only what type of work will be performed by the content creator but also its purpose. Will influencers only create content to promote your brand on their social media accounts? Or does your marketing team plan to also use the material on your brand’s website, social media pages, outdoor advertising and printed material?
Some contracts give brands the right to repurpose the content for a certain period, like six months or a year. Others give brands those rights in perpetuity.
Be sure to detail if the rights to reuse material include user-generated content, such as comments or reviews about your brand left on the influencer’s post.
Detail your brand guidelines
Your social media influencer contract should cover specific design components of your brand aesthetic. These elements might include color, scale, shape, white space, and fonts.
Guidelines could include a non-disparagement clause so none of the parties can bad-mouth another if things go south with the relationship.
Specify content production and distribution expectations
Almost every influencer agreement template will include a section on the what, where and when of content expectations.
The “what” may be as simple as “an eye makeup tutorial video.” The simplicity is enough to state your expectations while still giving the content creator creative freedom to produce something that is authentically theirs.
The “where” refers to the platform where the video will be shared, like YouTube, TikTok or Instagram.
The “what” refers to dates and times for submitting drafts (if relevant) to the brand or posting the content, including frequency and when to end a promotion.
Highlight required components
Brands give influencers a few “must-have” elements, such as specific hashtags, @User mentions, links, promo codes, or keywords. Be sure to include these in your contract. If relevant, you’ll also want to spell out any words, products, services, or brands your marketing team doesn’t want to be mentioned. Sometimes, these omissions may be as important as the items you want to be included in the content.
Indicate if content pre-approval is required
Specify whether you want to require approval of all content before it goes live on the influencer’s social media pages. Also include the number of revisions that the brand can request.
Include realistic timelines for the delivery of the materials for review by your team, but also for the creator to make any changes based on your feedback.
Talk about platform access for metrics
To measure the results of your campaign, you’ll need to review analytics. Depending on the marketing tools your brand uses, you may need permission to access the content creator’s account, Google Analytics, or even notifications being generated.
Plan to have these conversations before you insert access-related clauses into the contract. Not all influencers are willing to provide brands with login information to their account, but they may be willing to set up temporary access or provide screenshots.
Using IZEA Flex, our comprehensive influencer marketing platform, you can gain valuable insights about your campaign that help you measure ROI by associating contacts and campaigns with payments, Tracking Links, content and more.
Be clear about compensation
While every content creator contract template will touch on compensation, it will be up to your brand to specify the details. In addition to how, when, and how much an influencer will be paid, there are options beyond a flat-rate fee.
Detail whether the influencer will be paid a set amount per post or for the entire campaign, or indicate if they’ll be making a commission on sales through the unique link or discount code you provide them.
Although some influencers may be willing to accept products or services in lieu of compensation, like hotel stays, appliances, spa experiences, or luxury jewelry, the agreement still needs to be in writing.
Have your legal team review the contract
A well-thought-out agreement can protect your brand from misunderstandings and problems leading to financial and reputational damages.
Many influencer contracts also have confidentiality clauses that prevent the parties from spilling the beans about the campaign beforehand, so competitors can’t benefit from the information.
Review any influencer contract template to ensure it covers important legal issues, such as Federal Trade Commission compliance labeling, brand exclusivity, grounds for termination, confidentiality, and unforeseen circumstances (like those caused by the COVID-19 pandemic). Then be sure to have your legal team review and approve the draft before sending it to the influencer.
With plenty of online templates, you’ll never need to create an influencer marketing contract from scratch. But because every agreement, brand, and campaign is different, you’ll have to amend the outline to fit the needs of your situation. Put in the time to make your contract solid, and you’ll be able to focus on the campaign with a clear conscience, knowing that even if something does go wrong, your brand is protected.