The Influencer Contract serves as a crucial legal framework for businesses engaging with social media influencers in the Philippines. This document is essential when companies seek to formalize partnerships with content creators for marketing their products or services through social media platforms. It encompasses all necessary elements required under Philippine law, including compliance with the Consumer Act, Data Privacy Act, and advertising regulations. The contract typically covers content specifications, posting requirements, compensation terms, intellectual property rights, exclusivity clauses (if applicable), and compliance requirements. It's particularly important given the growing influencer marketing industry in the Philippines and the need to protect both brands and influencers while ensuring transparency in digital advertising.
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1. Parties: Identification of the contracting parties - the brand/company and the influencer
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement including 'Content', 'Platform', 'Campaign', 'Deliverables'
4. Scope of Services: Detailed description of influencer services, content requirements, and posting schedules
5. Content Guidelines: Specific requirements for content creation, including brand guidelines and compliance with Philippine advertising laws
6. Approval Process: Process for content review and approval before posting
7. Compensation: Payment terms, amounts, and schedule, including tax considerations under Philippine law
8. Intellectual Property Rights: Ownership and licensing of content, including moral rights under Philippine IP Code
9. Representations and Warranties: Influencer's confirmations regarding their capacity, following guidelines, and compliance with laws
10. Compliance Requirements: Obligations to comply with Philippine advertising laws, disclosure requirements, and platform policies
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and circumstances for termination
13. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. Exclusivity: Restrictions on working with competing brands - include when exclusivity is required
2. Performance Metrics: Specific KPIs and engagement targets - include for performance-based contracts
3. Crisis Management: Procedures for handling PR issues or controversies - important for high-profile influencers
4. Content Usage Rights: Extended rights for brand to use influencer's content - include when brand wants broader usage rights
5. Travel Requirements: Terms for travel-related content creation - include when travel is part of the services
6. Product Provision: Terms for providing products to influencer - include when physical products are involved
7. Agency Involvement: Terms relating to talent agency relationship - include when influencer is represented by an agency
1. Schedule 1 - Content Requirements: Detailed content specifications, including format, length, and technical requirements
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, milestones, and deliverables
3. Schedule 3 - Brand Guidelines: Comprehensive brand guidelines and requirements
4. Schedule 4 - Approved Platforms: List of social media platforms and specific requirements for each
5. Schedule 5 - Disclosure Requirements: Required disclosures and hashtags for compliance with Philippine advertising laws
6. Appendix A - Sample Content: Examples of acceptable content format and style
7. Appendix B - Performance Metrics: Detailed KPIs and measurement methodology
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