Brand Ambassador Agreement for the United States

Brand Ambassador Agreement Template for United States

A Brand Ambassador Agreement is a legal contract used in the United States that establishes the terms and conditions between a company and an individual who will represent and promote their brand. This document outlines promotional obligations, compensation terms, compliance requirements with FTC guidelines, intellectual property usage rights, and performance expectations. It incorporates federal and state-specific requirements for endorsements, advertising, and social media disclosures.

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What is a Brand Ambassador Agreement?

The Brand Ambassador Agreement serves as a crucial document in modern marketing strategies, particularly in the United States where influencer marketing and brand representation must comply with strict FTC guidelines. This contract type is essential when companies seek to formalize relationships with individuals who will represent their brand publicly. The agreement typically covers promotional commitments, compensation structures, compliance requirements, brand usage guidelines, and termination conditions. It's particularly relevant in today's digital marketing landscape where brand ambassadors often engage through social media and other digital platforms.

What sections should be included in a Brand Ambassador Agreement?

1. Parties: Identifies the contracting parties - the brand owner and the brand ambassador

2. Background: Contextual information about the agreement and the parties' intention to enter into a brand ambassador relationship

3. Definitions: Key terms used throughout the agreement including 'Services', 'Brand', 'Territory', 'Term', etc.

4. Appointment and Term: Formal appointment of the brand ambassador and duration of the agreement

5. Services and Obligations: Detailed description of ambassador duties, responsibilities, and performance requirements

6. Compensation: Payment terms, fees, commissions, and any performance-based incentives

7. Intellectual Property: Usage rights, restrictions, and protection of brand assets

8. Compliance Requirements: FTC guidelines, disclosure requirements, and regulatory compliance

9. Termination: Conditions for ending the agreement and consequences of termination

What sections are optional to include in a Brand Ambassador Agreement?

1. Exclusivity: Restrictions on working with competing brands - include when exclusive representation is required

2. Performance Metrics: Specific KPIs and measurement criteria - include when quantifiable performance targets are needed

3. Travel Requirements: Travel obligations and expense policies - include when role involves travel commitments

4. Social Media Guidelines: Specific requirements for social media engagement - include when social media is a key component of services

What schedules should be included in a Brand Ambassador Agreement?

1. Schedule A - Services Description: Detailed outline of required services and deliverables

2. Schedule B - Compensation Structure: Detailed breakdown of payment terms and incentives

3. Schedule C - Brand Guidelines: Specific requirements for brand representation and usage

4. Schedule D - Social Media Guidelines: Detailed social media policies and requirements

5. Schedule E - Approved Products/Services: List of products/services the ambassador is authorized to promote

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Industries

FTC Regulations: Federal Trade Commission regulations including endorsement guidelines, truth in advertising rules, disclosure requirements for sponsored content, and social media advertising guidelines

Intellectual Property Laws: Legal framework covering trademark laws (Lanham Act), copyright laws, right of publicity, and brand usage rights and restrictions

Employment Laws: Regulations including Fair Labor Standards Act, independent contractor vs. employee classification, state-specific labor laws, and tax implications

Digital Communications Laws: Regulations governing digital communications including CAN-SPAM Act and platform-specific social media guidelines

Contract Law: State-specific contract laws, Uniform Commercial Code, and Statute of Frauds requirements governing the formation and enforcement of contracts

Privacy Laws: State privacy laws, federal privacy regulations, and GDPR compliance requirements if international reach is involved

Competition Law: Legal considerations regarding non-compete provisions, exclusivity clauses, and anti-trust considerations

Consumer Protection Laws: State and federal consumer protection statutes and industry-specific regulations protecting consumer interests

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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