We work with influencers and brand ambassadors to help them negotiate and draft Influencer Agreements, Brand Participant Agreements, Social Media Engagement Agreements, Appearance Agreements, and related Influencer Disclosure Agreements. We pay careful attention to each component of the influencer agreement with particular attention to the following provisions:
- Deliverables. If a YouTube video is to be created, what is the approximate length? Are there to be supporting posts on Instagram or tweets on Twitter? If so, when?
- Promotion of the deliverables. Will the brand boost the post (pay to promote)?
- The term of the agreement and use of the deliverables during the term. How long will the campaign run? How can the brand use the deliverables during the term?
- Post-term use of the deliverables. Can the deliverables be used after the term? Do they have to be taken down at the end of the campaign?
- Federal Trade Commission (FTC) compliance. Who will monitor compliance with the FTC Disclosure Policy, the FTC On-line Advertising Disclosure Guidelines, Endorsement Guidelines, and Guides concerning the use of endorsements and testimonials?
- Morals clauses. What actions, if any, will permit the brand to void the contract based upon a violation of the morals clause? Being accused of a crime? Arrested for a crime? Must the violation be determined in reasonable and good faith?
- Representations and warranties. Does the agreement conflict with other agreements? Are the approvals of other interested parties required (agent, manager, publishing company, merchandising company, or fan club)?
- Indemnification. Are the parties required to identify each other's claims by third parties?
- Confidentiality. Is the campaign confidential? Are the terms of the agreement confidential? Is the brand's marketing plan confidential?
- Governing law and limitation of liability. What state's law applies? How are disputes resolved? Is there any limitation of liability such as consequential or punitive damages?
Combined, our clients have over 1.2 billion YouTube views. One of our Influencer clients has over 5.9 million YouTube subscribers and another Influencer client has over 5.6 million subscribers. We also represent an Instagram Influencer with over 3.2 million followers.
You worked hard to build your brand and you deserve to profit from that hard work. If you are an influencer and would like representation, give us a call at (310) 451-5800.