5 Things to Consider When Finalizing Brand & Influencer Contracts
‘Til Contract Do Us Part: The Importance of a Detailed Contract
Love ‘em or hate ‘em, contracts are a much-needed asset for any brand/influencer relationship. If you don’t read closely enough or know exactly what needs to be defined as part of the brand partnership, your contract could sour a picture-perfect match before it even begins!
Here are five key considerations for brands and influencers to keep in mind when discussing, negotiating, and finalizing contracts.
1. Exclusivity Clause
Is the influencer allowed to partner with other brands in the same industry? Who are the direct competitors they aren’t allowed to partner with within a certain period of time after your partnership? The more exclusivities needed and the longer the length of time the exclusivity clause is, the more likely the brand will have to pay more money, since you are eliminating potential partnership opportunities for the influencer.
2. Usage Rights
How long does the brand “own” the content the influencer creates? How will that content be used? If you’re a brand and want the rights to the creator’s content, be prepared to pay more. Additionally, if you are putting any amount of paid support behind an influencer’s content beyond your owned channels, this will also likely cost you more $$$.
3. Length of Content Usage
There are instances when influencers purge content because they change their aesthetic or are focusing on a different subject matter - so it’s good to detail out in the contract that the influencer keeps sponsored content up in perpetuity or as long as the channel is active. It’s also good to require the influencer to agree that any changes made to the content after publishing will be sent to the brand for approval before any updates go live. This clause protects the brand from the influencer editing captions that may not be representative of the partnership.
4. Other Brand Mentions
Can the influencer reference or tag other brands in the sponsored post? Unless it’s been approved in advance, an influencer mentioning other brands in a post you're paying for means free publicity for the brand in question, so this needs to be clear.
5. Brand or Product Specifications
How is the brand to be featured in the influencer’s content? Does the product need to be featured in a certain way? For example, if you’re a pizza brand and require the pizza to be cut into six equal slices and never into squares, this type of specification needs to be clearly outlined in the contract and influencer brief to ensure there are no surprises!
These are only 5 of the many considerations we recommend our clients to think about before signing contracts.
If you're ready for more insight and refined strategies in setting up a successful influencer marketing program for your brand, you're in luck!
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