Influencer Agreement via Agency Template for India

An Influencer Agreement via Agency is a three-way contract where social media creators partner with brands through marketing agencies in India. It spells out how influencers will promote products or services, while the agency manages the relationship and handles payments under Indian contract law.

The agreement covers critical elements like content requirements, posting schedules, compensation terms, and compliance with ASCI guidelines for influencer marketing. It protects all parties by clearly defining the agency's role in overseeing campaign deliverables, managing disputes, and ensuring adherence to Indian advertising regulations and disclosure requirements.

Use an Influencer Agreement via Agency when working with multiple social media creators through a marketing intermediary in India. This setup works especially well for larger campaigns where you need professional campaign management and don't want to handle individual influencer relationships directly.

The agreement becomes essential when running regulated promotions, like financial products or healthcare items, where ASCI compliance is crucial. It's particularly valuable when your brand needs detailed performance tracking, content approval processes, or when managing complex payment structures across multiple influencers while maintaining legal compliance and brand safety.

• Exclusive Agency Agreements: Grants one agency sole rights to manage all influencer relationships for a brand, with comprehensive control over campaign execution and influencer selection
• Multi-Agency Agreements: Allows brands to work with multiple agencies simultaneously, each managing different influencer segments or campaign types
• Project-Based Agreements: Short-term contracts focused on specific campaigns or product launches, with detailed deliverables and timeline requirements
• Retainer-Based Agreements: Long-term arrangements where agencies manage ongoing influencer relationships with regular content creation and posting schedules

• Brand/Advertiser: The company seeking influencer marketing services, responsible for providing campaign objectives, product details, and final approval
• Marketing Agency: Manages the entire campaign, handles contracts, ensures ASCI compliance, and coordinates between brands and influencers
• Social Media Influencers: Content creators who agree to promote products under the agency's guidance while following brand guidelines
• Legal Teams: Draft and review agreements to ensure compliance with Indian advertising laws and social media regulations
• Compliance Officers: Monitor content delivery and ensure proper disclosures align with ASCI guidelines

• Campaign Details: Outline specific deliverables, timelines, and performance metrics for influencer content
• Compensation Structure: Define payment terms, commission splits, and performance bonuses between agency and influencers
• Content Guidelines: Document brand requirements, ASCI disclosure rules, and prohibited content types
• Approval Process: Establish clear review workflows between brand, agency, and influencers
• Legal Requirements: Gather platform-specific policies, intellectual property rights, and termination conditions
• Technical Specifications: List required content formats, posting schedules, and tracking mechanisms

• Parties & Scope: Clear identification of brand, agency, and influencer roles with detailed service descriptions
• Content Requirements: Specific deliverables, ASCI disclosure rules, and brand guidelines
• Compensation Terms: Payment structures, timelines, and performance-based incentives
• Intellectual Property: Content ownership, usage rights, and licensing provisions
• Confidentiality: Protection of brand information and campaign strategies
• Termination Clauses: Exit conditions, notice periods, and post-termination obligations
• Dispute Resolution: Jurisdiction, governing law, and arbitration procedures under Indian law

The main distinction lies between an Influencer Agreement via Agency and a standard Influencer Agreement. While both govern influencer marketing relationships, they serve different structural purposes and involve different parties.

• Party Structure: Influencer Agreement via Agency involves three parties (brand, agency, influencer), while a direct Influencer Agreement is between brand and influencer only
• Payment Flow: Agency agreements include commission structures and payment handling through the intermediary, versus direct compensation in standard agreements
• Management Responsibility: Agencies take on content approval, performance tracking, and compliance monitoring duties that brands handle directly in standard agreements
• Legal Liability: Agency agreements distribute responsibility across three parties, with the agency often bearing primary compliance oversight under Indian advertising laws