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Influencer Agreement

Influencer Agreement Template for Canada

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Key Requirements PROMPT example:

Influencer Agreement

"I need an Influencer Agreement for a luxury skincare brand engagement with a beauty influencer, including exclusive rights for 12 months starting March 2025, with both fixed fee and performance-based compensation structure, compliant with Quebec consumer protection laws."

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Document background
The Influencer Agreement is essential for businesses engaging in social media marketing through content creators in Canada. This document establishes the legal framework for influencer marketing campaigns, ensuring compliance with Canadian federal and provincial regulations, including the Competition Act, advertising standards, and consumer protection laws. It's particularly important given the growing scrutiny of influencer marketing by Canadian regulators and the need for transparent disclosure of sponsored content. The agreement typically covers content creation requirements, usage rights, compensation terms, exclusivity provisions, and compliance obligations. It's designed to protect both the brand and the influencer while ensuring adherence to platform-specific guidelines and Canadian marketing regulations.
Suggested Sections

1. Parties: Identification of the brand/company and the influencer, including legal names and contact details

2. Background: Context of the agreement, brief description of the brand and influencer's business

3. Definitions: Key terms used throughout the agreement, including 'Content', 'Campaign', 'Platform', 'Deliverables'

4. Services and Deliverables: Detailed description of the influencer's obligations, content requirements, and posting schedules

5. Compensation: Payment terms, rates, bonus structures, and payment schedule

6. Compliance Requirements: Requirements for disclosure of sponsored content, adherence to advertising standards, and platform guidelines

7. Content Approval Process: Process for content review, revision, and approval by the brand

8. Intellectual Property Rights: Ownership and licensing of content, usage rights, and brand material usage

9. Representations and Warranties: Influencer's confirmations regarding their account, followers, and compliance with laws

10. Exclusivity and Restrictions: Competitive restrictions and exclusivity requirements during the agreement term

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Confidentiality: Protection of confidential information shared during the engagement

13. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures

Optional Sections

1. Performance Metrics: Specific KPIs and performance requirements, used when campaigns have specific metric targets

2. Usage of Third-Party Content: Rules for incorporating third-party content, needed when influencer will use external materials

3. Event Attendance: Terms for physical event participation, included when in-person appearances are required

4. Crisis Management: Procedures for handling PR issues or controversies, important for high-profile campaigns

5. Content Archive Requirements: Terms for maintaining content archives, useful for long-term campaigns

6. Geographic Restrictions: Specific territory limitations, needed for region-specific campaigns

7. Product Safety Guidelines: Special requirements for product demonstrations, important for specific product categories

8. Agency Relationships: Terms regarding talent agency involvement, needed when working through agencies

Suggested Schedules

1. Schedule A - Campaign Brief: Detailed campaign requirements, timelines, and specific deliverables

2. Schedule B - Compensation Structure: Detailed breakdown of payment terms, including any performance bonuses

3. Schedule C - Brand Guidelines: Specific requirements for brand representation and usage

4. Schedule D - Approved Platforms: List of social media platforms and specific requirements for each

5. Schedule E - Disclosure Requirements: Specific language and format for sponsored content disclosure

6. Appendix 1 - Content Calendar: Detailed posting schedule and content themes

7. Appendix 2 - Reporting Templates: Required format for performance reporting

8. Appendix 3 - Technical Requirements: Specific technical requirements for content creation and delivery

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Platforms
Brand
Brand Guidelines
Brand Materials
Campaign
Campaign Brief
Confidential Information
Content
Content Calendar
Deliverables
Effective Date
Engagement
Exclusivity Period
Fees
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Metrics
Personal Information
Platform Guidelines
Posts
Product
Publication Schedule
Reporting Requirements
Services
Social Media Platforms
Sponsored Content
Term
Territory
Third Party Content
Usage Rights
User Generated Content
Campaign Period
Compliance Requirements
Disclosure Requirements
Engagement Rate
Follower Count
Influencer Channels
Performance Metrics
Review Period
Revision Requests
Sponsorship Disclosure
Target Audience
Clauses
Services and Deliverables
Compensation
Payment Terms
Content Approval
Content Usage Rights
Intellectual Property
Brand Guidelines
Exclusivity
Non-Competition
Confidentiality
Data Protection
Privacy
Compliance
Representations and Warranties
Performance Requirements
Term
Termination
Force Majeure
Disclosure Requirements
Content Ownership
License Grant
Platform Compliance
Moral Rights
Reporting Obligations
Metrics and Performance
Revisions and Amendments
Dispute Resolution
Governing Law
Assignment
Indemnification
Insurance
Liability
Notice
Emergency Takedown
Crisis Management
Subcontracting
Third Party Rights
Entire Agreement
Severability
Waiver
Relationship of Parties
Tax Compliance
Relevant Industries

Retail

Fashion

Beauty and Cosmetics

Technology

Food and Beverage

Health and Wellness

Gaming

Entertainment

Sports

Travel and Tourism

Consumer Goods

Luxury Goods

Financial Services

Automotive

Education

Fitness

Lifestyle

Relevant Teams

Legal

Marketing

Digital

Brand Management

Social Media

Content

Compliance

Public Relations

Business Development

Partnerships

Communications

Relevant Roles

Marketing Manager

Digital Marketing Director

Social Media Manager

Brand Manager

Legal Counsel

Compliance Officer

Content Strategy Manager

Influencer Marketing Specialist

Partnership Manager

Campaign Manager

PR Manager

Brand Communications Manager

Chief Marketing Officer

Digital Content Manager

Business Development Manager

Contract Administrator

Industries
Competition Act: Federal law governing advertising practices and requiring truthful marketing. Sections 74.01 to 74.06 specifically deal with deceptive marketing practices, crucial for influencer disclosures.
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy law governing the collection, use, and disclosure of personal information in commercial activities. Relevant for data collection and sharing in influencer campaigns.
Income Tax Act: Federal legislation governing taxation of income, including rules for self-employed individuals and digital economy workers like influencers.
Copyright Act: Federal law protecting original works and content creation, essential for determining content ownership and usage rights in influencer campaigns.
Trademark Act: Federal legislation protecting brands and marks, relevant for brand usage guidelines in influencer marketing.
Ad Standards Canada Code: Industry self-regulatory code setting standards for advertising, including specific provisions for influencer marketing and disclosure requirements.
Consumer Protection Act: Provincial legislation (varies by province) protecting consumer rights and regulating business practices, including disclosure requirements for sponsored content.
Electronic Commerce Act: Provincial legislation (varies by province) governing electronic transactions and digital communications, relevant for online influencer activities.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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