Influencer Agreement Contract Template for India

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Key Requirements PROMPT example:

Influencer Agreement Contract

"I need an Influencer Agreement Contract for a beauty brand engaging multiple lifestyle influencers for a 6-month campaign starting March 2025, with specific requirements for Instagram and YouTube content creation, and provisions for performance-based bonuses."

Document background
The Influencer Agreement Contract is essential for businesses operating in India that engage with social media influencers for marketing and promotional activities. This document has become increasingly important with the rise of social media marketing and the implementation of strict guidelines by the Advertising Standards Council of India (ASCI) regarding influencer advertising. It provides a legal framework for managing the relationship between brands and influencers, covering crucial aspects such as content rights, compensation, compliance requirements, and performance metrics. The agreement ensures compliance with Indian laws including the Contract Act, IT Act, and consumer protection regulations, while addressing specific requirements for digital marketing and social media promotions. It's particularly relevant given the growing scrutiny of influencer marketing practices and the need for transparent disclosure of commercial partnerships in India.
Suggested Sections

1. Parties: Identification of the contracting parties - the brand/company and the influencer, including their legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, brief description of the parties' business activities, and purpose of the collaboration

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

4. Scope of Services: Detailed description of the influencer's responsibilities, content requirements, and campaign specifications

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Compensation and Payment Terms: Details of fees, payment schedule, bonus structures, and any performance-based incentives

7. Content Guidelines and Approval Process: Specifications for content creation, approval workflow, and revision process

8. Compliance and Disclosures: Requirements for regulatory compliance, including ASCI guidelines and disclosure requirements

9. Intellectual Property Rights: Ownership and usage rights of content, brand materials, and related intellectual property

10. Exclusivity and Non-Compete: Terms regarding working with competing brands and exclusivity periods

11. Representations and Warranties: Statements of fact and promises made by both parties regarding their capacity and obligations

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

13. Indemnification: Provisions for protecting parties against losses arising from breaches or claims

14. Governing Law and Dispute Resolution: Applicable law and method for resolving disputes

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for campaign success - include when performance-based compensation is involved

2. Crisis Management: Procedures for handling negative publicity or social media crises - important for high-profile campaigns

3. Content Usage Rights Post-Term: Terms for using content after agreement termination - include for long-term content value

4. Travel and Expense Policy: Guidelines for reimbursement of travel and related expenses - needed for events or location-specific content

5. Morality Clause: Provisions regarding influencer conduct and reputation - important for family-friendly brands

6. Third-Party Platform Compliance: Specific requirements for different social media platforms - include when multi-platform campaigns are involved

7. Data Protection and Privacy: Detailed provisions for handling user data - essential when collecting audience data

8. International Usage Rights: Terms for content use in multiple jurisdictions - include for global campaigns

Suggested Schedules

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

2. Schedule B - Content Guidelines: Specific brand guidelines, dos and don'ts, tone of voice, and visual requirements

3. Schedule C - Compensation Structure: Detailed breakdown of fees, payment milestones, and performance bonuses

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

5. Schedule E - Reporting Templates: Format and requirements for performance reports and analytics

6. Appendix 1 - Brand Assets: Brand logos, guidelines, and approved marketing materials

7. Appendix 2 - Compliance Checklist: List of required disclosures and compliance requirements

8. Appendix 3 - Technical Requirements: Specific technical specifications for content (image sizes, video formats, etc.)

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

Fashion and Apparel

Beauty and Cosmetics

Technology

Food and Beverage

Entertainment

Gaming

Health and Wellness

Travel and Hospitality

Education

Financial Services

Automotive

Consumer Goods

Luxury Brands

Sports and Fitness

E-commerce

Relevant Teams

Legal

Marketing

Digital Marketing

Brand Management

Social Media

Public Relations

Compliance

Content Strategy

Business Development

Partnerships

Communications

Relevant Roles

Marketing Manager

Digital Marketing Director

Brand Manager

Legal Counsel

Compliance Officer

Social Media Manager

Content Strategy Director

Influencer Marketing Specialist

PR Manager

Business Development Manager

Chief Marketing Officer

Contract Manager

Digital Communications Manager

Campaign Manager

Partnership Manager

Industries
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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