Influencers are often approached by brands to promote or advertise products or services. In these situations, the brand gets the benefit of reaching a larger audience (the influencer’s followers), while the influencer receives free products or some other form of compensation. It is imperative to put this relationship in writing, and a model release agreement is the best way to do so. In this blog, we will discuss key the elements of brand ambassador agreements.
1. Introduction: The introductory provision is where the parties should be clearly identified. The types of products or services that are being promoted should also be noted here. Additionally, parties should outline the scope of the work under the agreement. Influencers should know exactly what the brand hired them to do and what behaviors fall outside the scope of the agreement.
2. Exclusivity: Exclusivity clauses are important because they prevent the influencer from promoting products or services of competing brands throughout the duration of the agreement. This is the place to state exactly what products the agreement covers and for how long the influencer can only work exclusively with that brand.
3. Compensation: This clause lets the influencer and brand agree upon some form of compensation for the promotion. Common examples include a flat fee, commission, free products, or a combination. This section is also a good place to note any performance bonuses the influencer may receive.
4. Term: A clause listing the start and end dates of the agreement gives both parties transparency in how long the deal lasts. Many brands typically make the term 6 months to 1 year.
5. Termination: This provision should highlight circumstances in which either party can terminate the agreement. It is good to include a notice period with procedures and address whether there will be any consequences to a party for terminating early.
6. Intellectual property rights: In this section, parties should clarify who will own the intellectual property that is created during the partnership. Moreover, the brand should specify whether the influencer has the right to use the brand’s trademarked or copyrighted content, such as their logos, and whether the influencer can create new content using the brand’s existing IP.
7. Confidentiality: The parties may want to include a provision for confidentiality so that important information, such as trade secrets or private facts, that are obtained during the partnership cannot be disclosed.
8. Indemnification and Liability: This clause allocates responsibility for any potential legal claims, damages, or liabilities that may arise during the partnership.
Contact Venustas Law to review your brand ambassador agreement(s) to ensure your interests are well-protected!