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Social Media Influencer Agreement Template for Germany

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Key Requirements PROMPT example:

Social Media Influencer Agreement

"I need a Social Media Influencer Agreement for a gaming influencer who will create YouTube and Twitch content exclusively for our new game launch in March 2025, with strict requirements about not promoting competing games during the campaign period."

Document background
The Social Media Influencer Agreement is essential for businesses engaging in influencer marketing in Germany, where specific legal requirements govern digital advertising and content creation. This document is used when a brand wishes to formally engage a social media influencer for promotional activities, ensuring compliance with German advertising laws, particularly the Telemediengesetz (TMG) and Gesetz gegen den unlauteren Wettbewerb (UWG). The agreement covers crucial elements such as content specifications, compensation, advertising disclosure requirements (#werbung), intellectual property rights, and data protection under GDPR. It's particularly important in the German market where advertising regulations are strict and transparency in influencer marketing is heavily enforced. The document helps protect both parties' interests while ensuring legal compliance in influencer-brand collaborations.
Suggested Sections

1. Parties: Identification of the contracting parties - the brand/company and the influencer (including legal names, addresses, and registration details if applicable)

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Content', 'Platform(s)', 'Campaign', 'Deliverables', etc.

4. Scope of Services: Detailed description of the influencer's obligations, content requirements, and delivery schedule

5. Compliance Requirements: Obligations regarding advertising disclosure (#ad, #werbung), compliance with German advertising laws and platform guidelines

6. Approval Process: Process for content review and approval by the brand before publication

7. Compensation: Payment terms, amounts, payment schedule, and any performance-based bonuses

8. Intellectual Property Rights: Ownership and licensing of content, usage rights, and brand material usage

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance requirements and data handling obligations

11. Term and Termination: Duration of the agreement and termination provisions

12. Representations and Warranties: Influencer's confirmations regarding their account, followers, and content authenticity

13. Exclusivity and Non-Competition: Any restrictions on working with competing brands

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Content Usage by Influencer: Terms for influencer's continued use of created content after campaign ends - include when influencer wants to maintain portfolio rights

2. Performance Metrics: Specific KPIs and measurement criteria - include when compensation is performance-based

3. Crisis Management: Procedures for handling negative publicity or content issues - include for high-value or sensitive campaigns

4. Content Archiving: Requirements for maintaining or deleting content after campaign - include when temporal content control is important

5. Multi-Platform Requirements: Specific requirements for different social media platforms - include when campaign spans multiple platforms

6. Product Safety and Liability: Additional provisions for product demonstrations or reviews - include when physical products are involved

7. Third-Party Rights: Provisions regarding music, location, or third-party content usage - include when content will incorporate third-party elements

Suggested Schedules

1. Campaign Brief: Detailed description of the campaign objectives, target audience, and key messages

2. Content Guidelines: Specific requirements for content creation, including brand voice, style guide, and prohibited content

3. Delivery Schedule: Detailed timeline of content delivery dates and posting schedule

4. Compensation Structure: Detailed breakdown of payment terms, including any bonus structures or performance-based incentives

5. Approved Hashtags and Disclosures: List of required and approved hashtags, disclosure statements, and tagging requirements

6. Brand Assets: List of provided brand materials and usage guidelines

7. Technical Requirements: Specific technical specifications for content (image sizes, video length, quality requirements)

8. Compliance Checklist: Detailed checklist of German advertising law requirements and platform-specific guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses


































Relevant Industries

Consumer Goods

Fashion and Apparel

Beauty and Cosmetics

Food and Beverage

Technology

Entertainment

Gaming

Sports and Fitness

Travel and Tourism

Lifestyle

Health and Wellness

Education

Financial Services

Automotive

Luxury Goods

Sustainable Products

E-commerce

Relevant Teams

Legal

Marketing

Digital

Brand Management

Social Media

Compliance

Public Relations

Content Strategy

Business Development

Communications

Influencer Relations

Relevant Roles

Marketing Director

Brand Manager

Social Media Manager

Digital Marketing Manager

Legal Counsel

Compliance Officer

Content Strategy Director

Influencer Marketing Specialist

Campaign Manager

Business Development Manager

Public Relations Manager

Community Manager

Digital Communications Manager

Marketing Compliance Manager

Brand Partnership Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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