Influencer Agreement Template for Netherlands

An Influencer Agreement sets out the terms between a brand and a social media influencer who promotes products or services online. Under Dutch law, these contracts specify essential elements like payment terms, content requirements, posting schedules, and disclosure obligations for sponsored content in line with the Dutch Advertising Code.

These agreements protect both parties by clearly defining deliverables, intellectual property rights, and compliance with Dutch marketing regulations. They typically include key performance indicators (KPIs), exclusivity clauses, and guidelines for using the #Ad or #Spon hashtags as required by the Dutch Media Authority. The agreement also outlines what happens if either party fails to meet their obligations.

Use an Influencer Agreement before starting any social media marketing campaign with content creators in the Netherlands. This contract becomes essential when partnering with influencers who will create sponsored posts, product reviews, or branded content across platforms like Instagram, YouTube, or TikTok.

The agreement needs to be in place when the influencer reaches a significant following (typically over 1,000 followers) or when monetary compensation is involved. Dutch advertising laws require clear disclosure of commercial relationships, so having this agreement helps ensure compliance with regulations from the Dutch Media Authority and protects both parties from potential disputes over deliverables, payments, or content ownership.

• Influencer Marketing Contract: Standard agreement for direct brand-influencer partnerships with monetary compensation and specific deliverables
• Influencer Management Contract: Comprehensive agreement for ongoing representation and campaign management
• Influencer Talent Agency Contract: Three-way agreement between brand, agency, and influencer with commission structures
• Social Influencer Contract: Platform-specific agreement tailored to particular social media channels
• Influencer Barter Agreement: Product-exchange-based contract without monetary compensation

• Brands and Companies: Marketing teams, legal departments, and product managers who initiate influencer campaigns and set campaign requirements
• Social Media Influencers: Content creators with substantial followings who agree to promote products or services
• Talent Agencies: Professional intermediaries who represent influencers and negotiate terms with brands
• Legal Advisors: Lawyers who draft and review agreements to ensure compliance with Dutch advertising laws
• Marketing Agencies: Third-party firms managing influencer campaigns and relationships on behalf of brands
• Compliance Officers: Internal staff ensuring adherence to Dutch Media Authority guidelines and disclosure requirements

• Campaign Details: Document specific deliverables, posting schedules, and performance metrics (engagement rates, reach)
• Compensation Structure: Define payment terms, including fees per post, product value, or revenue sharing arrangements
• Platform Requirements: List target social media platforms and their specific content guidelines
• Disclosure Rules: Note Dutch advertising disclosure requirements (#Ad, #Spon) for each platform
• Content Rights: Specify usage rights, content ownership, and licensing terms
• Exclusivity Terms: Define any restrictions on working with competing brands
• Key Metrics: Establish measurable KPIs and reporting requirements
• Approval Process: Outline content review procedures and timeline

• Party Information: Complete legal names, addresses, and registration numbers of brand and influencer
• Scope of Services: Detailed description of content creation, posting requirements, and performance metrics
• Compensation Terms: Clear payment structure, deadlines, and tax implications under Dutch law
• Disclosure Requirements: Specific language for sponsored content labels following Dutch Advertising Code
• Intellectual Property: Content ownership, usage rights, and licensing terms
• Privacy Compliance: GDPR adherence and data handling procedures
• Termination Clauses: Conditions for ending the agreement and notice periods
• Dispute Resolution: Dutch jurisdiction and applicable law provisions

While an Influencer Agreement and an Agency Agreement might seem similar, they serve distinct purposes in Dutch marketing law. The key differences help determine which agreement best fits your situation.

• Relationship Structure: Influencer Agreements establish direct relationships between brands and content creators, while Agency Agreements create ongoing representation relationships with broader scope
• Compensation Model: Influencer Agreements typically specify per-post or campaign-based payments, whereas Agency Agreements usually involve commission structures and retainer fees
• Legal Obligations: Influencer Agreements focus on content creation, disclosure requirements, and specific deliverables, while Agency Agreements cover broader business representation and negotiation authority
• Duration: Influencer Agreements often cover specific campaigns or fixed periods, but Agency Agreements typically establish longer-term business relationships
• Liability Scope: Agency Agreements include broader indemnification and authority provisions, while Influencer Agreements focus on content-specific liabilities and brand safety