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Influencer Agreement
I need an influencer agreement for a social media content creator with a following of at least 50,000, focusing on promoting eco-friendly products. The agreement should include deliverables, compensation details, content approval process, and a clause for exclusivity within the sustainability niche.
What is an Influencer Agreement?
An Influencer Agreement spells out the rules and expectations when a brand hires a social media personality to promote their products or services. It covers key details like payment terms, content requirements, posting schedules, and how the influencer should disclose their commercial relationship, following NZ's Fair Trading Act and Advertising Standards Authority guidelines.
These contracts protect both parties by clearly stating what the influencer must deliver, how they'll handle intellectual property rights, and when they can't work with competing brands. They're especially important in Kiwi markets where influencer marketing must comply with consumer protection laws and maintain transparency about sponsored content.
When should you use an Influencer Agreement?
Use an Influencer Agreement before launching any social media marketing campaign that involves content creators promoting your products or services. This becomes essential when planning paid partnerships with influencers who have significant followings on platforms like Instagram, TikTok, or YouTube.
The agreement needs to be in place before any content creation begins, particularly when dealing with high-value campaigns or long-term partnerships. It's crucial for protecting your brand reputation and ensuring compliance with NZ's advertising standards, especially around sponsored content disclosure and consumer protection requirements. Having it ready before initial discussions helps set clear expectations and prevents misunderstandings about deliverables and payment terms.
What are the different types of Influencer Agreement?
- Influencer Contract: Basic agreement for one-off campaigns or short-term collaborations, covering essential terms and deliverables
- Influencer Agreement Contract: Comprehensive version for long-term partnerships with detailed content rights and exclusivity clauses
- Social Influencer Contract: Platform-specific agreement focusing on social media requirements and metrics
- Influencer Management Contract: Complex agreement for agencies managing multiple influencers, including talent management provisions
Who should typically use an Influencer Agreement?
- Brands and Companies: Organizations seeking to promote products or services through social media influencers, often represented by their marketing teams or legal departments
- Social Media Influencers: Content creators with significant followings who agree to promote products or services in exchange for payment or benefits
- Marketing Agencies: Third-party firms managing influencer campaigns and mediating between brands and creators
- Legal Professionals: Lawyers who draft and review agreements to ensure compliance with NZ advertising standards and consumer protection laws
- Brand Managers: Internal team members overseeing influencer relationships and ensuring content aligns with brand guidelines
How do you write an Influencer Agreement?
- Campaign Details: Define exact deliverables, posting schedule, and content type requirements for each platform
- Payment Structure: Determine compensation amounts, payment timing, and any performance-based bonuses
- Brand Guidelines: Compile specific content requirements, approved hashtags, and key messaging points
- Legal Requirements: Note NZ advertising standards for disclosure requirements and restricted product categories
- Usage Rights: Specify content ownership, reuse permissions, and duration of usage rights
- Platform Access: Create our custom Influencer Agreement using GenieAI to ensure all essential elements are included and legally compliant
- Performance Metrics: Define success measures and reporting requirements for campaign tracking
What should be included in an Influencer Agreement?
- Party Details: Full legal names, contact information, and business details of both brand and influencer
- Scope of Services: Detailed description of content deliverables, platforms, and posting requirements
- Compensation Terms: Payment amounts, schedule, and any performance-based incentives
- Content Guidelines: Advertising standards compliance, disclosure requirements, and brand messaging rules
- Intellectual Property: Content ownership, usage rights, and licensing terms
- Term and Termination: Agreement duration, renewal options, and exit conditions
- Exclusivity Clauses: Restrictions on working with competing brands during the contract period
- Dispute Resolution: Process for handling disagreements under NZ jurisdiction
What's the difference between an Influencer Agreement and an Influencer Agreement via Agency?
A key distinction exists between a standard Influencer Agreement and an Influencer Agreement via Agency. While both deal with content creation and brand promotion, they serve different business relationships and need distinct legal protections.
- Contracting Parties: Influencer Agreements are direct contracts between brands and content creators, while Agency versions involve a three-way relationship with the agency acting as intermediary
- Payment Structure: Direct agreements typically have simpler payment terms, whereas agency versions include commission structures and service fees
- Liability Chain: Agency agreements distribute responsibility across three parties and include specific indemnity clauses for agency services
- Management Rights: Agency versions grant additional powers to the agency for content approval and campaign management, beyond what's in direct agreements
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