��������Ƶ

An Influencer Agreement sets out the legal terms between a brand and a social media personality who promotes their products or services. In Malaysia, these contracts typically cover content creation requirements, payment details, exclusivity clauses, and compliance with local advertising guidelines set by the Malaysian Communications and Multimedia Commission (MCMC).

These agreements protect both parties by clearly defining deliverables, intellectual property rights, and disclosure requirements for sponsored content. They often include specific rules about mentioning competitors, content approval processes, and performance metrics like engagement rates or reach. Malaysian influencers must also follow halal marketing guidelines when promoting food products and respect local cultural sensitivities.

Use an Influencer Agreement before starting any social media marketing campaign in Malaysia, especially when working with content creators who have over 10,000 followers. This becomes crucial when planning promotional activities across platforms like Instagram, TikTok, or YouTube, where content oversight and brand protection are essential.

The agreement needs to be in place before any content creation begins, particularly for regulated industries like finance, healthcare, or halal products. Malaysian businesses must secure these agreements when influencer partnerships involve significant investment, require specific performance metrics, or need compliance with MCMC guidelines on social media advertising and disclosure requirements.

• Influencer Marketing Contract: Basic one-to-one agreement between brands and influencers, covering content deliverables and payment terms
• Brand Influencer Contract: Long-term partnership agreement with exclusivity clauses and brand ambassador responsibilities
• Influencer Management Contract: Agreement between influencers and their management teams, handling content strategy and revenue sharing
• Influencer Talent Agency Contract: Comprehensive agreement for agencies representing multiple influencers, including commission structures and booking terms

• Social Media Influencers: Content creators with significant followings who sign Influencer Agreements to create sponsored content while protecting their creative rights
• Brand Managers: Corporate representatives who negotiate terms, monitor compliance, and ensure influencer content aligns with marketing goals
• Digital Marketing Agencies: Third-party firms managing influencer relationships and campaign execution on behalf of brands
• Legal Counsel: In-house or external lawyers who draft and review agreements to ensure MCMC compliance and protect client interests
• Talent Management Companies: Organizations representing influencers in negotiations and managing their commercial relationships

• Campaign Details: Document specific content requirements, posting schedules, platforms, and performance metrics expected
• Influencer Information: Gather social media handles, follower counts, engagement rates, and past campaign examples
• Compensation Structure: Define payment terms, including base fees, performance bonuses, and product compensation
• Content Guidelines: Outline brand messaging requirements, disclosure rules, and MCMC compliance standards
• Approval Process: Establish content review procedures, revision limits, and posting timeline requirements
• Legal Requirements: Input party details, intellectual property terms, and confidentiality clauses using our platform's guided template

• Party Details: Full legal names, business registration numbers, and contact information of both brand and influencer
• Scope of Services: Detailed description of content deliverables, platforms, and posting frequency requirements
• Payment Terms: Compensation amounts, payment schedules, and any performance-based incentives
• Content Rights: Clear assignment of intellectual property rights and usage permissions
• Compliance Clauses: MCMC advertising guidelines adherence and sponsorship disclosure requirements
• Term and Termination: Agreement duration, renewal options, and conditions for early termination
• Confidentiality: Protection of sensitive business information and trade secrets
• Dispute Resolution: Malaysian jurisdiction choice and conflict resolution procedures

An Influencer Agreement differs significantly from an Agency Agreement in several key aspects, though both involve marketing representation. While an Agency Agreement creates a broader business relationship where one party acts on behalf of another, an Influencer Agreement specifically focuses on social media content creation and promotion.

• Scope of Authority: Agency Agreements grant broader powers to represent and make decisions, while Influencer Agreements strictly limit authority to specific content creation and posting
• Duration and Commitment: Agency Agreements typically establish long-term relationships with ongoing responsibilities, whereas Influencer Agreements often cover specific campaigns or fixed periods
• Payment Structure: Agency Agreements usually involve retainer fees or commission-based structures, while Influencer Agreements focus on per-post fees or campaign-based compensation
• Legal Obligations: Agency Agreements carry fiduciary duties and broader liability coverage, but Influencer Agreements primarily address content ownership, disclosure requirements, and brand guidelines