The Influencer Endorsement Agreement is essential in today's digital marketing landscape in the Philippines, where social media marketing has become increasingly prominent. This document is used when a company wishes to formally engage a social media influencer to promote their products or services through various social media platforms. It provides a legal framework that complies with Philippine regulations, including the Consumer Act, E-Commerce Act, and advertising guidelines issued by the Department of Trade and Industry. The agreement covers crucial aspects such as content requirements, posting schedules, compensation, intellectual property rights, disclosure requirements, and compliance with platform-specific rules. It's particularly important given the Philippine regulatory environment's focus on consumer protection and transparent advertising practices.
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1. Parties: Identification of the brand owner/company and the influencer, including their legal names, addresses, and business registration details
2. Background: Context of the agreement, brief description of the brand and influencer's business/profile
3. Definitions: Key terms used throughout the agreement, including 'Content', 'Platform', 'Campaign', 'Deliverables', etc.
4. Scope of Services: Detailed description of the endorsement services, content requirements, and posting schedules
5. Term and Duration: Period of the agreement, including start date and end date
6. Compensation and Payment Terms: Fee structure, payment schedule, currency, and tax provisions
7. Content Requirements and Approval Process: Specifications for content creation, review process, and approval timeframes
8. Compliance and Disclosures: Requirements for ad disclosure, compliance with Philippine advertising laws and platform guidelines
9. Intellectual Property Rights: Ownership and usage rights of content, brand materials, and influencer's likeness
10. Representations and Warranties: Parties' assurances regarding authority, non-infringement, and compliance
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination, notice requirements, and post-termination obligations
13. Governing Law and Dispute Resolution: Application of Philippine law and method of resolving disputes
1. Exclusivity: Restrictions on working with competing brands - include when exclusive endorsement is required
2. International Usage: Terms for content use in multiple jurisdictions - include for international campaigns
3. Performance Metrics: Specific KPIs and measurement criteria - include when performance-based compensation is involved
4. Crisis Management: Procedures for handling negative publicity or controversies - include for high-profile endorsements
5. Morality Clause: Behavioral standards and consequences for violations - include for long-term or high-value agreements
6. Force Majeure: Provisions for unforeseeable circumstances - include when long-term commitment is involved
7. Insurance Requirements: Specific insurance coverage requirements - include for high-risk or high-value endorsements
1. Schedule A - Campaign Specifications: Detailed requirements for each campaign, including content types, posting frequency, and hashtags
2. Schedule B - Brand Guidelines: Specific requirements for brand representation, including approved messaging and visual elements
3. Schedule C - Fee Structure: Detailed breakdown of compensation, including base fees, performance bonuses, and payment milestones
4. Schedule D - Approved Platforms: List of social media platforms and specific requirements for each
5. Schedule E - Content Calendar: Timeline of deliverables and posting schedule
6. Appendix 1 - Sample Disclosures: Pre-approved disclosure statements compliant with Philippine advertising regulations
7. Appendix 2 - Reporting Templates: Standard formats for performance reporting and analytics sharing
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