Having clear, detailed, and well-defined terms helps both parties remain on the same page throughout the duration of the partnership and protects both you and your partner from any potential misunderstandings.
As a sports and entertainment lawyer for more than 20 years, I dealt with my fair share of endorsement deals. Content Creators are the celebrities of today and how they position themselves in their communities is incredibly important to their personal brands.
Prior to even considering the legal, think carefully about the brands you endorse and how your community will respond. Authenticity trumps all in endorsements.
Only 14% of creators are legally compliant in their endorsement deals. Recently Kim Kardashian was fined over $1 million for failing to disclose her endorsement of a cryptocurrency.
Aside from contract issues, make sure to have to follow the FTC guidelines and any platform policies.
Contracts aren’t just about protecting the parties, they are a roadmap for expectations. Each party gets to state what they are looking for in a deal so both parties can perform the right way.
A good contract sets expectations. Here’s a few basics to follow for your next deal.
What to Include in Your Influencer Brand Contract
The most important thing is to make sure the contract is fair for both parties. This will help make any future issues easier to resolve. It’s recommended that you consult with an attorney when creating an influencer brand contract. Your contract should cover the following items:
- The nature of the partnership – This is a good place to start when creating your contract. You’ll want to clearly define what kind of partnership you’re entering with your influencer. This includes everything from the scope of the partnership to the payment structure.
- Confidentiality and rights – You may want to include a confidentiality clause in your contract that addresses the handling of any proprietary information shared between the two parties. You may also want to include a clause regarding ownership rights to any work created as part of the partnership.
- Advertising specifications and campaign objectives – This is where you should outline any specific requirements for the campaign. You should specify everything from the type of content that should be produced to the style of the content. You should also include any campaign objectives that you or your brand want to achieve.
Exclusivity and Rights to Usage of Content
When it comes to the usage rights of the content, you’ll want to clearly define exactly what each party is allowed to do with the assets that are created during the campaign. You can do this by specifying the level of exclusivity you’re expecting from your partner. If you’re looking to use the content in a variety of ways, you may want to set a more limited level of exclusivity. You should also specify the length of time that the content should be held in a queue before being used. If you’re working with a particularly well-known influencer, you may want to ask for an option to use the content for an extended period of time.
Compensation and Duration of the Partnership
This section of your contract will outline the payment terms and the amount your brand will be paying. You should also find a way to specify the length of the partnership. Depending on the nature of your partnership, you may want to outline a specific end date or allow the agreement to remain open-ended. Think carefully about the duration and what happens to the assets after the campaigns are over.
As you can see, there are many different details to consider when creating your influencer brand contract. The most important thing to remember is that it is better to be too thorough than too vague. If you have a strong contract in place, you and your partner will feel more confident and secure in your partnership.
Eric Farber is the Founder and CEO of Creators’ Legal, the first and only do-it-yourself legal platform designed just for content creators. Variety called it an Entertainment Lawyer in a Box. Prior to starting Creators Legal, he was a sports & entertainment lawyer for more than 20 years representing athletes and entertainers in their contract deals with brands and production. Check out www.CreatorsLegal.com to learn more.