Influencer Marketing Management: Your Guide To Influencer Contracts

Influencer marketing has grown so fast and has become so ubiquitous that we sometimes forget how relatively new it still is.

In traditional media, decades of history helped streamline the process of negotiations, payment terms, and other key aspects of contracts.

Influencer marketing managers already have a lot on their plate from creating campaigns, finding influencers, and tracking results.

But contracts are a key part of a successful influencer strategy that creates long-lasting relationships that benefit both parties.

The right contract details help your campaigns stay on track and clearly define each party’s role and obligations.

To help you navigate this area of influencer marketing management, we’ve put together this guide that will go over the key aspects of influencer contracts and what you should be aware of.

This can help both brands and influencers come together faster and mutually benefit from authentic and long-lasting partnerships.

What Is An Influencer Marketing Contract?

An influencer contract is a legally binding agreement between a brand, the influencer, and relevant other parties. The contract outlines what each party’s responsibilities are in order to fulfill their agreed-upon obligations.

Influencer contracts can sometimes be tricky since they involve many different areas of concern. There are timelines, content specifications, exclusivity, ownership details, and other factors that all need to be addressed.

Besides those core issues, influencer marketing also falls under FTC guidelines regarding promotional disclosure and other issues. A contract helps determine that both parties are aware of these regulations and what their responsibilities are to remain compliant.

Contracts also outline critical payment details which can involve direct payments or partnership deals such as affiliate payment structures or performance-based incentives.

Contracts are a critical part of influencer marketing management and they set the foundation for strong partnerships between brands and influencers.

What’s Inside An Influencer Contract?

Each contract can be different depending on the relationship between the brand and the influencer. But every contract will contain key elements that are most important to the success and execution of the campaign.

Content Ownership Details

With influencer marketing, the influencer generally creates the content according to what the brand outlined in their briefs. Because of this, ownership needs to be clearly defined to determine who can use the content after the campaign has ended.

This requires negotiating between the brand and the influencer so that the details can be included in the contract.

For some influencer campaigns, the brand will want to own the content after the campaign is over so they can continue to use it for promotional purposes across their various other channels.

An influencer may agree to that or they may not want to give up that control of their content. A way for influencer marketing managers to successfully negotiate this area is to find shared ownership arrangements that define certain aspects of how the content can be used.

These are details that can be worked out during the negotiation phase and should be included in virtually any influencer contract.

Deliverables

With an influencer contract, the deliverables will outline what content is created and the timelines for creation, approval, and publishing.

This area will also detail what platforms the content goes on. Some contracts may specify a single platform, while in other cases content may be shared across multiple platform accounts that the influencer manages.

An important aspect of deliverable sections within influencer contracts is that they are as detailed as possible. The details should be based on the campaign strategy and other goals or requirements.

For example, overly general language such as requiring one social media post promoting the product is not enough to clearly define the deliverable requirements.

The language should include key details such as:

• Different content required for different platforms
• Length of content if required
• Specific messaging within the content
• Content format
• Delivery dates for both approval and publishing

Influencer Payment Terms

Payment terms are an important part of any contract and the same applies to influencer marketing management.

What makes this aspect even more important is that the payment terms can influence certain regulatory considerations. For example, some influencer arrangements only involve a transfer of products to the influencer.

While no money changed hands, there are still FTC guidelines and regulations that need to be considered depending on the nature of the content and whether the items are returned or not.

Payment terms will also include the method of payment and the timeline for payments to be made. Sometimes payments are handled after the campaign or they can be made upon milestones or after approval.

Edit Requests And The Approval Process

Depending on the complexity of the content being produced, you may want your contract with the influencer to have language regarding approval, edits, and editorial control.

This aspect can vary a great deal depending on the content briefs and the messaging requirements.

Just remember that the brief only outlines what you want regarding the content. The contract ensures that certain aspects of the brief are adhered to.

This is an important distinction that can lead to confusion when there are discrepancies between content delivery and what was outlined in the brief.

Performance Incentives Or Affiliate Partnerships

This aspect of influencer contracts is related to payments but goes beyond just the rate paid for a specific piece of content.

Some relationships will involve bonuses if certain metrics are met. If so, these need to be carefully outlined in the contract with agreed-upon KPIs to determine if performance goals were met.

Additionally, you want to outline which data source is used to calculate the various KPIs. Different software and social media tools can yield different numbers when analyzing the same traffic or account.

Non-Disclosure Agreements (NDA)

Depending on what you need to share with the influencer over the course of the campaign, an NDA may be required.

If you need to share upcoming product details, trade secrets, or other information, an NDA can ensure those details are not disseminated, which can harm your future goals and competitive advantage.

These aren’t necessary in all cases, but you should consider what is being shared to determine if that information could help your competitors if released.

Termination Clause

A termination clause will outline the circumstances when the brand or the influencer can legally terminate the contract and what the ramifications are if that happens.

In general, these protect brands if the influencer suddenly changes their channel’s tone or content in a way that makes the partnership harmful to the brand’s image.

Negotiating Contract Terms With Influencers 

Depending on the size of the influencer you’re working with and the campaign scope, some contracts may require negotiations.

For smaller campaigns, the brand will generally just present a standard contract, and the influencer can either accept or deny it. There might be minor negotiations due to scheduling or other issues, but that’s usually the extent of it.

With micro-brand influencers, you may work directly with the creator. As you move up to larger influencers, you’ll work with their management company or representatives during this phase.

When working with larger influencers, their management company likely has its own contract requirements for partnerships. So depending on how both of your requirements align, there may be negotiations necessary.

Overall, this aspect of influencer marketing does require experience to understand what requests are standard and which ones you can be flexible on.

Can An Influencer Marketing Agency Help With Contracts 

Since contracts are legal documents, it’s always a good idea to have some legal representation during the process. For smaller arrangements, you can decide if this is necessary or not for your situation.

An influencer marketing agency will have experience working with countless influencers and will understand contractual nuances when creating partnerships and campaigns.

This can alleviate many of the stresses and unknowns if your brand is venturing into influencer marketing or wants to expand and work with larger influencers and campaigns.

Without the services of an influencer marketing agency, the negotiations and contract process can leave your brand vulnerable and unprotected if something goes wrong or expectations are not met.

At Hireinfluencer, our services include influencer negotiation and influencer contracting. With over 11 years of experience working with the most sought-after influencers and respected brands, we understand what drives a successful partnership and put that work when finalizing each contract.

Final Tips For Influencer Contracts And Negotiations

With influencer marketing management, understanding contracts and negotiations is just as critical as campaign creation and driving performance metrics.

A contract protects your brand and ensures all deliverables are published exactly as intended so you can get the results you need to grow sales and revenue.

Just remember, you don’t have to jump into influencer contracting alone. Working with an experienced and proven influencer marketing agency can help you navigate this area of campaign management so you experience the full benefits that influencer marketing can bring to your brand and growth strategy.