An influencer agreement is a contract between a social media or media influencer and a company or brand to promote the latter (brand) using Social Media and any other such means as prescribed by the contract. It records all the key things that a brand and an influencer have agreed to about the campaign.
Every influencer agreement must be in writing, and the brand representative must give the influencer a copy of the agreement before the campaign begins. The law of contract governs such agreement and it is legally binding among the two parties.
Influencers should make sure they read the influencer agreement carefully before they sign it, so they understand all the terms and conditions of the relationship. If there’s anything they don’t understand, or are unsure of, they should seek advice before they sign the agreement.
Breach of contract, defamation, trade disparagement, tortious interference with prospective contractual relationships and unfair competition/false advertising are some of the claims that a badly drafted agreement can result into.
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