The Influencer Agency Contract serves as the foundation for professional relationships in the growing influencer marketing industry. This document is essential when an agency takes on the representation of social media influencers in the United States. It covers crucial aspects including commission structures, content obligations, exclusivity terms, and compliance with FTC guidelines. The contract protects both parties by clearly defining responsibilities, performance expectations, and termination conditions while ensuring adherence to applicable U.S. federal and state laws governing digital marketing and talent representation.
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1. Parties: Identification of the Agency and Influencer, including full legal names and contact details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Services', 'Content', 'Platforms', and 'Campaign'
4. Services: Detailed description of influencer services to be provided, including content creation, posting requirements, and engagement obligations
5. Compensation: Payment terms, commission structures, and payment schedules including base fees and performance bonuses
6. Term and Termination: Duration of agreement and conditions for termination, including notice periods and post-termination obligations
7. Intellectual Property Rights: Ownership and usage rights of content created, including licensing terms and content retention rights
8. Compliance Requirements: FTC disclosure requirements, platform-specific guidelines, and regulatory compliance obligations
9. Representations and Warranties: Legal assurances from both parties regarding their capacity, authority, and compliance commitments
10. Confidentiality: Protection of sensitive information shared between parties during the engagement
1. Exclusivity: Terms of exclusive representation and restrictions on working with competing agencies or brands
2. International Services: Terms for cross-border services and compliance with international regulations
3. Content Approval Process: Procedures for content review and approval, including revision cycles and timelines
4. Performance Metrics: Specific KPIs and performance requirements, including measurement methods and reporting obligations
5. Crisis Management: Procedures for handling negative publicity or social media crises
1. Schedule A - Fee Schedule: Detailed breakdown of compensation structure and rates, including commission percentages
2. Schedule B - Content Guidelines: Specific requirements for content creation and brand alignment, including dos and don'ts
3. Schedule C - Platform-Specific Requirements: Guidelines for different social media platforms and their specific content requirements
4. Schedule D - Approved Brands List: List of pre-approved brands for collaboration and any restricted categories
5. Schedule E - Reporting Templates: Standard formats for performance and activity reporting, including metrics tracking sheets
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