Playing defence with influencer marketing contracts
Influencer marketing is an indispensable way for brands to connect with their audience. As the ecosystem evolves, so do the challenges and responsibilities of incorporating influencer collaborations into marketing strategies.
A critical aspect of influencer marketing for brands is a well-crafted agreement. It’s a brand’s best defence and the foundation for a successful partnership. Here’s why:
- Clear expectations: A written agreement outlines the rights, responsibilities, and obligations of the parties involved. No more "I thought you meant..." conversations.
- Brand safety: It gives you the right to review content if you wish before it goes live, helping maintain brand integrity.
- Content ownership: It clarifies who owns the content created during the collaboration. This is important if want to repurpose the content.
- Exclusivity clauses: It can restrict influencers from working with competitors to varying degrees, protecting a brand's position.
- Exit strategy: It provides a clear path for termination if there are issues, protecting a brand’s reputation.
While boilerplate contracts exist, customization is key. Tailor agreements to address specific brand needs and to reflect the influencer relationship. Here are some of the essential components of an influencer contract:
- Scope of work.
- Compensation terms.
- Content approval process.
- Disclosure requirements.
- Termination clauses.
- Confidentiality agreements.
The CMA Guide to Influencer Marketing (available only to Members) provides practical tips and insights to help marketers navigate this landscape. The Guide addresses:
- Strategic influencer selection and management.
- Content development and brand alignment.
- Contract considerations, including content ownership and exclusivity clauses.
- Laws and compliance.
