Influencer Collaboration Agreement
This Influencer Collaboration Agreement (the "Agreement") is made between [Brand (company name)] ("Brand") and [Creator legal name (or business entity)] ("Creator"), who publishes content as [Creator handles and platforms], for the campaign known as [Campaign name and product] (the "Campaign"). Brand and Creator are each a "Party" and together the "Parties".
1. Deliverables
Creator shall create and publish the following content on Creator’s channels (the "Deliverables"): [Deliverables]. Each Deliverable shall follow the written brief and brand guidelines Brand provides (the "Brief"), shall feature the product accurately, shall include the required tags, hashtags and links, and shall remain published on Creator’s channel for at least ninety (90) days after posting, or for the duration of the platform’s ephemeral format for stories.
Creator retains creative control over the style, voice and format of the Deliverables within the Brief. Creator shall not make claims about the product beyond those in the Brief, shall not disparage the product or Brand, and shall not feature competing products in the Deliverables.
2. Timeline and Approval
Creator shall submit drafts of the Deliverables to Brand for review by [Drafts due to the brand]. Brand shall approve each draft or request changes within [Brand approval turnaround (business days)] business days; if Brand does not respond within that time, the draft is deemed approved. Brand may request one round of reasonable changes to correct factual inaccuracies about the product, conform the content to the Brief, add or fix a required disclosure, or remove content that would breach this Agreement or platform rules. Brand may not require changes to Creator’s voice or style that are consistent with the Brief.
Creator shall publish the approved Deliverables between [Posting window opens] and [Posting window closes] (the "Posting Window"), on the dates agreed with Brand, and shall send Brand a link to each Deliverable within twenty-four (24) hours of publishing. Creator shall provide Brand with performance metrics (reach, impressions, engagement, link clicks where available) for each Deliverable seven (7) days and thirty (30) days after posting.
3. Fee and Product
Brand shall pay Creator a fee of [Fee (or $0 if product only)] (the "Fee") as follows: [Fee paid]. Brand shall also provide the following product or other value: [Product or other value provided (or "None")], shipped at Brand’s expense before the draft due date, which Creator may keep. Creator shall provide an invoice and a Form W-9 or equivalent on request. Amounts unpaid more than fifteen (15) days after the due date accrue interest at one percent (1%) per month or the highest rate permitted by law, whichever is less. Creator is responsible for taxes on the Fee and on the value of any product received.
4. FTC Disclosure
Creator acknowledges that this Agreement creates a material connection with Brand that must be disclosed under the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255). On every Deliverable, and on any other content in which Creator mentions Brand or the product during the Campaign, Creator shall include a clear and conspicuous disclosure of the sponsorship, such as "#ad", "#sponsored" or "Paid partnership with" Brand, placed at the beginning of the caption or before any "more" truncation, superimposed on video and stated verbally in video content, and using the platform’s branded-content tool where available. Creator shall make only truthful statements reflecting Creator’s honest opinion and actual experience with the product. Brand may require Creator to correct any Deliverable that lacks an adequate disclosure within twenty-four (24) hours of notice.
5. Content Standards and Representations
Creator represents that the Deliverables will be Creator’s original work; will not infringe any copyright, trademark, right of publicity or other right of any third party, including music, images and recognisable people, for which Creator has obtained all necessary licences and releases; will comply with the terms of service of each platform and with applicable law, including advertising and consumer protection law; and will not contain defamatory, obscene, hateful or discriminatory content. Creator shall not purchase followers, likes or engagement for the Deliverables. Brand represents that it has the right to have the product promoted, that the Brief is accurate, and that the claims in it are substantiated.
6. Intellectual Property and Usage Rights
Creator owns the copyright in the Deliverables. Creator grants Brand the following licence to the Deliverables: [Brand’s usage rights], beginning on the date each Deliverable is published. Where the licence is limited to reposting, Brand shall credit Creator’s handle and shall not materially alter the content. Where the licence includes paid advertising, Brand may edit, crop and caption the Deliverables and combine them with other material, provided the result does not misrepresent Creator’s views, and may promote the Deliverables as paid media on Creator’s channels through the platform’s partnership tools.
Creator grants Brand a licence to use Creator’s name, handle, likeness and voice as they appear in the Deliverables for the purposes of the licence above. Brand grants Creator a non-exclusive licence to use Brand’s trademarks and product images in the Deliverables during the Campaign and to keep the Deliverables on Creator’s channels after it. Any use by either Party beyond the licence granted requires the other’s written consent.
7. Exclusivity
From [Exclusivity period before and after the posting window (days)] days before the Posting Window opens until [Exclusivity period before and after the posting window (days)] days after it closes, Creator shall not publish sponsored or paid content for any product in the following category: [Exclusivity category (or "None")]. If the category is "None", this Section does not apply. Exclusivity does not restrict organic, unpaid content, content for products outside the category, or agreements Creator disclosed to Brand in writing before signing. Creator represents that Creator is not bound by any exclusivity obligation to another brand that this Agreement would breach.
8. Termination
Either Party may terminate this Agreement by written notice if the other materially breaches it and fails to cure within five (5) business days after notice, or immediately if the other engages in conduct, or becomes the subject of public allegations, that a reasonable person would consider likely to bring the other Party into public disrepute or to harm its reputation. On termination for Creator’s breach or conduct, Brand may require Creator to remove the Deliverables and Brand shall cease using them, and Brand’s obligation to pay any unpaid portion of the Fee for Deliverables not yet published ends; Fees for Deliverables published and approved before termination remain payable.
If Brand terminates without cause, or for Brand’s own breach or conduct, Brand shall pay the full Fee and Creator may keep the product. Sections 4 through 6, 9 and 11 survive termination, and each Party’s licence to content already published continues for its term unless the content is required to be removed.
9. No Guarantee; Limitation of Liability
Creator does not guarantee any particular reach, engagement, sales or other result from the Deliverables, and Brand does not guarantee any particular exposure for Creator. Neither Party is liable to the other for indirect or consequential damages, and each Party’s total liability under this Agreement shall not exceed the Fee, except for liability arising from a breach of Section 5 or from a Party’s indemnity obligations. Each Party shall indemnify the other against third-party claims arising from that Party’s breach of its representations in Section 5.
10. Independent Contractor
Creator is an independent contractor and not an employee, agent or partner of Brand. Creator controls the manner and means of producing the Deliverables, uses Creator’s own equipment, may work for others subject to Section 7, and is responsible for Creator’s own taxes and insurance. Neither Party may make commitments on behalf of the other.
11. General
This Agreement is governed by the laws of the State of [Governing law (state)]. It, with the Brief, is the entire agreement between the Parties about the Campaign and supersedes all prior proposals and messages. If the Brief conflicts with this Agreement, this Agreement controls. It may be amended only in a writing signed by both Parties, which may be by email. If any provision is held unenforceable, the rest remains in effect. Neither Party may assign this Agreement without the other’s written consent, except that Brand may assign it to an affiliate or a successor to its business.
This Agreement may be signed electronically and in counterparts, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution. Each person signing represents that they are authorised to bind the Party for whom they sign.
Signatures
Brand · Creator