Influencer Marketing Agreement

What is an influencer marketing agreement?

An Influencer Marketing Agreement is an agreement designed for a specific relationship in which one party, called the advertiser, contracts with another party, the influencer, to promote the advertiser's products or services. The advertiser in this contract does not have to be a professional or a traditional marketer. The advertiser may be the owner of a brand or business seeking promotional help from the influencer. This contract is created for an online influencer promoting the advertiser's products or services on social networks.

The rise of influencers on social media has led to an increase in this type of relationship, with many more brands and companies looking to hire influencers to grow their customer base.

What should an influencer marketing agreement contain?

The document should contain terms and conditions that the advertiser and influencer have agreed upon, and the responsibilities the influencer has regarding the promotion of products or services. Also, payment for the influencer's promotional services needs to be addressed. In addition, the parties to this agreement can establish:

• The number of posts required;
• The specific platforms on which the influencer will post;
• The type of content;
• The required hashtags; and
• The length of the contract and how it will end.

What is the difference between an influencer marketing agreement and a marketing services agreement?

The primary difference between an influencer marketing agreement and a marketing services agreement is that the influencer marketing agreement leverages the extensive reach and popularity of specific individual influencers to promote their product. On the other hand, a marketing services agreement is used when a customer hires a marketing agency to promote their goods or services. A marketing agreement is usually broader in scope than an influencer marketing agreement, which normally targets a specific demographic.

Who can enter into an influencer marketing agreement?

An entity seeking promotionals activity and the influencer can enter into this agreement. They can be a corporation, partnership, or other type of business entity. The signers to the agreement must be of majority age and not under a disability. The ages of majority are as follows:

• Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan: 18 years old.
• British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Yukon: 19 years old.

An influencer below majority age will need to have their legal guardian sign the agreement.

What has to be done after an influencer marketing agreement is ready?

When this document is complete, both the influencer and the client must sign it and each keep a copy for their records for several years after termination. The document can be signed either electronically or physically, and should be uploaded to a personal computer. After, the influencer can start promoting the product using their social media platforms.

Which laws are applicable to an influencer marketing agreement?

Influencer posts and Influencer/Advertiser relationships are generally governed by contract law, intellectual property and consumer rights laws of each Canadian province, territory and federal jurisdiction. Furthermore, the Canadian Consumer Product Safety Act may apply and requires careful advertising of products by addressing health hazards such products may have.

Intellectual property laws such as the Copyright Act (R.S.C., 1985, c. C-42) and the Trademarks Act (R.S.C., 1985, c. T-13) may apply.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.