The Influencer Marketing Contract is essential for businesses engaging in social media marketing through content creators and influencers in Australia. This document is designed to meet the requirements of Australian law, including the Australian Consumer Law, Privacy Act, and relevant advertising standards. It should be used whenever a brand engages an influencer for promotional activities, establishing clear terms for content creation, posting requirements, compensation, and compliance with advertising regulations. The contract addresses key aspects such as disclosure requirements for sponsored content, intellectual property rights, performance metrics, and risk allocation. It can be customized for various campaign types and influencer tiers while maintaining compliance with Australian legal requirements and platform-specific guidelines.
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1. Parties: Identification of the brand/company and the influencer, including their legal names, ABNs, and contact details
2. Background: Context of the agreement, including the brand's marketing objectives and the influencer's social media presence
3. Definitions: Key terms used throughout the agreement, including platform-specific terminology and marketing metrics
4. Scope of Services: Detailed description of the influencer's obligations, content requirements, and posting schedule
5. Compliance Requirements: Legal and regulatory obligations, including disclosure requirements and platform guidelines
6. Content Guidelines: Specific requirements for content creation, brand messaging, and prohibited content
7. Approval Process: Process for content review and approval before posting
8. Performance Metrics: Required engagement rates, reach, and other measurable outcomes
9. Payment Terms: Compensation structure, payment schedule, and any performance-based bonuses
10. Intellectual Property: Rights and licenses for content, brand assets, and third-party materials
11. Term and Termination: Duration of the agreement and circumstances for early termination
12. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Exclusivity: Restrictions on working with competing brands during the contract period
2. Confidentiality: Protection of sensitive information if the influencer will have access to confidential brand information
3. Crisis Management: Procedures for handling negative publicity or social media controversies
4. Travel Requirements: Terms for any required travel or event attendance
5. Product Placement: Specific requirements for featuring products in content
6. Agency Relationship: Additional terms if the influencer is represented by an agency
7. Content Usage Rights: Extended terms for brand's use of influencer-created content beyond the initial posting
8. Morality Clause: Behavioral standards and consequences for reputation-damaging conduct
1. Schedule 1 - Campaign Brief: Detailed specifications for each campaign, including themes, messaging, and deadlines
2. Schedule 2 - Content Guidelines: Comprehensive brand guidelines, including visual requirements and tone of voice
3. Schedule 3 - Fee Schedule: Detailed breakdown of payment terms, rates, and performance bonuses
4. Schedule 4 - Approved Platforms: List of social media platforms and specific requirements for each
5. Schedule 5 - Reporting Requirements: Templates and specifications for performance reporting
6. Appendix A - Disclosure Requirements: Platform-specific requirements for disclosing sponsored content
7. Appendix B - Brand Assets: Approved logos, hashtags, and brand materials for use in content
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