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Influencer Agreement
"I need an influencer agreement for a 6-month campaign with a social media influencer having 50k+ followers, including 3 monthly posts, brand exclusivity, and a $1,000 monthly compensation."
What is an Influencer Agreement?
An Influencer Agreement is a legal contract between brands and social media personalities who promote products or services to their followers. In the Philippines, these agreements protect both parties by clearly spelling out the content requirements, payment terms, and promotional schedules, while following local advertising laws and DTI guidelines on social media marketing.
The agreement covers key elements like content ownership, disclosure requirements for sponsored posts (#Ad or #Sponsored), performance metrics, and exclusivity terms. It also ensures compliance with Philippine consumer protection laws and helps prevent misleading advertising claims, making it essential for professional influencer collaborations in today's digital marketplace.
When should you use an Influencer Agreement?
Use an Influencer Agreement before starting any social media marketing campaign with content creators in the Philippines. This becomes essential when engaging influencers to promote products, services, or brands across platforms like Instagram, TikTok, or YouTube, especially for campaigns exceeding ₱50,000 in value or lasting more than three months.
The agreement proves particularly important when working with multiple influencers, managing sensitive brand messaging, or launching regulated products that require specific disclosures. It helps prevent misunderstandings about deliverables, protects intellectual property rights, and ensures compliance with DTI's social media marketing guidelines and the Consumer Act of the Philippines.
What are the different types of Influencer Agreement?
- Influencer Contract: Basic agreement for one-off campaigns or short-term collaborations, covering essential terms and deliverables
- Influencer Marketing Contract: Comprehensive agreement for integrated marketing campaigns across multiple platforms
- Influencer Management Contract: Long-term agreement between influencers and their managers, covering career development and representation
- Influencer Talent Agency Contract: Agency-specific agreement for managing multiple influencers and brand partnerships
- Influencer Endorsement Agreement: Focused on product endorsements with detailed usage rights and exclusivity terms
Who should typically use an Influencer Agreement?
- Social Media Influencers: Content creators with significant followings who agree to promote products or services across platforms like Instagram, TikTok, or YouTube
- Brand Owners: Companies or businesses seeking to promote their products through influencer marketing campaigns
- Talent Managers: Representatives who negotiate and oversee influencer agreements on behalf of their clients
- Marketing Agencies: Firms that coordinate between brands and influencers, often managing multiple campaigns
- Legal Counsel: Lawyers who draft and review agreements to ensure compliance with Philippine advertising laws and DTI guidelines
- Compliance Officers: Internal staff who monitor adherence to disclosure requirements and content guidelines
How do you write an Influencer Agreement?
- Campaign Details: Define exact deliverables, posting schedule, platform requirements, and content guidelines
- Compensation Structure: Document payment terms, bonus metrics, and any in-kind compensation like free products
- Brand Guidelines: Gather brand messaging rules, approved hashtags, and disclosure requirements per DTI regulations
- Performance Metrics: Specify engagement targets, reporting requirements, and tracking methods
- Ownership Rights: Clarify content usage rights, licensing terms, and intellectual property ownership
- Legal Requirements: Include BIR registration details, tax provisions, and social media advertising compliance rules
- Review Process: Use our platform's template to ensure all mandatory elements are correctly included and customized
What should be included in an Influencer Agreement?
- Party Information: Complete legal names, addresses, and tax identification numbers of both influencer and brand
- Scope of Services: Detailed description of content deliverables, platforms, and posting schedules
- Compensation Terms: Payment amounts, schedule, and performance-based incentives following Philippine tax laws
- Content Guidelines: DTI-compliant disclosure requirements, approved hashtags, and brand messaging rules
- Intellectual Property: Content ownership, usage rights, and licensing terms
- Exclusivity Provisions: Competitive restrictions and non-compete terms
- Termination Clause: Clear conditions for ending the agreement and post-termination obligations
- Dispute Resolution: Philippine jurisdiction and preferred method of conflict resolution
What's the difference between an Influencer Agreement and an Agency Agreement?
While both documents govern marketing relationships, an Influencer Agreement differs significantly from an Agency Agreement in several key aspects. Understanding these differences helps you choose the right document for your specific situation in the Philippine market.
- Scope and Duration: Influencer Agreements typically focus on specific campaigns or content deliverables, while Agency Agreements cover broader marketing services and longer-term relationships
- Control Level: Influencers maintain more creative control over content creation, whereas agencies work under stricter brand guidelines and oversight
- Payment Structure: Influencer payments often include performance metrics and per-post rates, while agency fees usually follow retainer or project-based models
- Legal Obligations: Agency Agreements involve more comprehensive responsibilities, including staff management and strategy development, while Influencer Agreements focus on personal content creation and platform-specific deliverables
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