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Influencer Marketing Contract Template for United States

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Key Requirements PROMPT example:

Influencer Marketing Contract

"I need an Influencer Marketing Contract for a six-month campaign starting January 2025 with a fashion lifestyle influencer who will create monthly Instagram and TikTok content for our new sustainable clothing line, including specific FTC compliance requirements for the US market."

Document background
The Influencer Marketing Contract serves as a critical legal framework for collaborations between brands and social media personalities in the United States. This document becomes necessary when businesses seek to leverage influencer marketing as part of their promotional strategy. It addresses key aspects including content creation, posting schedules, compensation, FTC compliance, and intellectual property rights. The contract ensures both parties understand their obligations while maintaining compliance with federal advertising regulations and platform-specific guidelines. This comprehensive agreement protects both the brand's interests and the influencer's rights while establishing clear deliverables and performance expectations.
Suggested Sections

1. Parties: Identifies the brand/company and the influencer, including full legal names and contact details

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement including 'Content', 'Campaign', 'Platforms', 'Deliverables'

4. Scope of Services: Details the specific services the influencer will provide, including content type, posting frequency, and platforms

5. Compensation: Outlines payment terms, amounts, and schedule

6. Compliance Requirements: Specifies FTC disclosure requirements and platform-specific rules

7. Content Approval Process: Details the review and approval process for content

8. Term and Termination: Specifies contract duration and termination conditions

9. Intellectual Property Rights: Addresses ownership and usage rights of created content

Optional Sections

1. Exclusivity: Restricts influencer from working with competing brands during the contract period

2. Performance Metrics: Defines specific KPIs and reporting requirements for campaign performance measurement

3. Crisis Management: Procedures for handling negative publicity or controversies related to the campaign

4. International Compliance: Additional requirements for campaigns reaching multiple jurisdictions

Suggested Schedules

1. Campaign Brief: Detailed description of campaign objectives, requirements, and timeline

2. Content Guidelines: Specific guidelines for content creation and brand messaging

3. Payment Schedule: Detailed breakdown of payment terms and milestones

4. Platform-Specific Requirements: Technical specifications and requirements for each social media platform

5. Disclosure Requirements: Specific language and format for required FTC and platform disclosures

Authors

Alex Denne

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

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Industries

FTC Regulations: Federal Trade Commission regulations including FTC Act (15 U.S.C. ยงยง 41-58), Endorsement Guides, and Disclosure Guidelines requiring clear disclosure of material connections (#ad, #sponsored) in influencer marketing

Platform-Specific Rules: Advertising policies and terms of service specific to social media platforms like Instagram, YouTube, and TikTok that must be followed in influencer marketing campaigns

Intellectual Property Laws: Copyright Act, Trademark Act (Lanham Act), and state-specific right of publicity laws governing the use and protection of creative content and personal likeness

Privacy Laws: COPPA for child-targeted content, state-specific privacy laws like CCPA, and GDPR considerations for EU audience reach in influencer marketing activities

Contract Law: State-specific contract laws and Uniform Commercial Code (UCC) governing the formation and enforcement of influencer marketing agreements

Consumer Protection Laws: State and federal consumer protection statutes and Truth in Advertising laws ensuring honest and transparent marketing practices

Industry-Specific Regulations: Specialized regulations such as FDA rules for health/beauty products, FCC regulations for telecommunications, and specific rules for regulated industries like financial services and alcohol

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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