Influencer Marketing Agreement
About Influencer Marketing Agreement
An influencer marketing agreement sets the terms between a brand and an influencer for creating and publishing sponsored content. It covers campaign deliverables, payment arrangements, content usage rights, and legal compliance.
Clear agreements are critical in influencer collaborations, yet many brands and creators still rely on improvised contracts or outdated templates.
Skala’s influencer marketing agreement template is built to be:
Fair to both brand and influencer
Flexible for different campaign types and platforms
Compliant with advertising regulations and industry practice
It is designed with clear, plain language so you can focus on creative collaboration without having to decode legal jargon.
What’s Inside
Here’s the overview of the Influencer Marketing Agreement most crucial terms:
Things to Consider
Deliverable Quality & Approval
The agreement ensures content meets brand guidelines and includes required disclosures (e.g., “#Ad” or “#Sponsored”) in compliance with FTC or equivalent rules. Brands have review rights before posting.
Intellectual Property & Usage Rights
The influencer retains ownership of their work but grants the brand a broad license to use it for marketing and commercial purposes. If preexisting intellectual property is included, the license terms cover it.
Compliance with Laws
The influencer must comply with all applicable advertising laws and truth-in-advertising standards. Misleading or unsubstantiated claims are prohibited.
Representation & Warranties
The influencer confirms originality, legal rights to the content, and that no third-party rights are infringed. Deliverables must be lawful and meet agreed-upon quality standards.
Independent Contractor Status
The influencer is not an employee. They are responsible for their own taxes and legal obligations.
Confidentiality
The influencer must protect any confidential information shared by the brand during and after the agreement term.
Termination & Remedies
Either party can terminate with notice. Some clauses — such as IP rights, warranties, indemnity, and confidentiality — continue after termination. Brands may seek injunctive relief for certain breaches.
Dispute Resolution
Options for litigation or binding arbitration are available, with the choice of recognized arbitration institutions.
One document. Countless campaigns.
FAQ
The exercise price of the shares under the FAST agreement will be determined at the time of issuance and will be included in the applicable Stock Purchase Agreement.
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FAQ
The template supports one-time fees, monthly fees, hourly rates, or a mix. Spell out the amount, timing, and any reimbursable expenses in the Key Terms and Payment section.
The influencer keeps ownership, while the brand receives a non-exclusive, worldwide, royalty-free, sublicensable license to use the content in all media for marketing and promotion. Unless changed in the Key Terms, this license is perpetual and irrevocable.
Yes. The brand gets a reasonable opportunity to review deliverables and request changes to ensure they meet brand guidelines and the agreement.
For at least the Minimum Post Availability Period set in the Key Terms. During that time, the influencer can’t delete or materially alter sponsored content without the brand’s written approval.
It’s optional. The parties can set an Exclusivity Period (e.g., no competing promotions for a defined time) or choose none.