Instagram Influencer Contract Template
A social media influencer contract is between a company and an influencer who uses their brand and followers to "influence" attention to a product or cause. The influencer is often paid on a per-post basis and, depending on the agreement, may require specific things to be mentioned. Partial or full payment is usually made after signing the contract as an advance on future payments.
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What Should be Included (5 items)
1. Content Requirements
Give easy-to-understand requests of what products and services the influencer is to publish on their social media. It's best to ask the influencer to publish content that is related to their following.
Example: If the influencer is a travel blogger, request to have content related to traveling (such as suitcases, travel websites, hotels, etc.).
2. Social Media Platforms
Most influencers have one (1) platform that they have a vast majority of their followers. Although, if they have more than one (1) platform they are popular on, it is up to the advertiser to request that their content is also published on those channels.
The five (5) largest social media platforms are:
- YouTube
- TikTok
3. Posting Frequency
Requesting the influencer to post when their audience is online is crucial. This allows the post to be at the top of their followers' feeds and have the largest audience viewing their content.
According to SproutSocial, the best times to post on the largest social media platforms are on Monday through Wednesday between 9am to 3pm EST.
4. Payment
Most influencers are paid on a per-post basis. If it is a flat fee, the advertiser will pay prior to the posting and will usually commit to a pre-set number of postings on the influencer's social media.
It is common for influencers to be paid by:
- Flat fee (per post);
- Commission (based on the sales generated and tracked); and
- Free products and services.
5. Exclusivity
Request to be the influencer's exclusive advertiser during the contract period and for a period after termination. This is common as it would be strange and not genuine if the influencer was promoting a competitor's product at the same time as promoting the advertiser's products.
How to know if Followers are Real?
There are three (3) main ways to find out if an influencer's followers are real:
- Low Engagement
- Followers Don't Have Photos
- Use HypeAuditor
Low Engagement
If an influencer has tens of thousands of followers but not many likes or comments on their page. This is the most common sign an influencer's followers are fake and were most likely purchased from a service that sells followers.
Followers Don't Have Photos
When scrolling through an influencer's followers, if there are no profile photos on some of the profiles then they are probably fake. Even if an individual wants to remain anonymous, they will usually have a profile photo.
Use HypeAuditor
Use HypeAuditor to determine if a social profile's followers are real.
The most important factors are to view the engagement ratio (should be a minimum of 1.5%) and follower rate (should be a slow increase over time unless the person went viral). For example, view Tom Brady's profile:
Sample
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Video – Social Media Influencer Contract, Explained
How to Write
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I. The Parties
(1) Contract Date. This agreement will document the terms and conditions between an Advertiser and the Influencer who shall promote that Advertiser's products or services. Before identifying the Advertiser or the Influencer, this paperwork should be given a point of reference. Thus, supply the official date of the agreement made between Advertiser and Influencer to begin.
(2) Advertiser Name. The legal name of the Advertiser behind this agreement is required. If the Advertiser is a Company, Corporation, or other formal Entity, then include the suffix that defines it as such (i.e. "corporation," or "inc.").
(3) Advertiser Address. The mailing address where the Advertiser can be reached when this agreement and any relating topic must be discussed is needed to fully identify the Advertiser issuing this contract.
(4) Influencer Name. The full name of the Influencer being contracted through this paperwork must be presented. This should be the formal name of the Influencer thus, if it is an individual his or her first, middle, and last name should be displayed. If a Business Entity, then the registered name of the company or corporation (including suffix) is required.
(5) Influencer Address. Document the business address where notices and other official information defined in this agreement can be received (reliably) by the Influencer.
II. Commencement And Duration
(6) Date Of Contract Effect. The obligations placed on the Advertiser and Influencer through this paperwork must be set to begin as of a particular day. Additionally, the lifespan of these contractual obligations will need a definition. To begin, record the exact calendar date when this agreement will first obligate the Parties involved (the Advertiser and the Influencer) to adhere to its contents.
Select Item 7 Or Select Item 8
(7) Ongoing Term. Now that the first date of this agreement's effect has been documented, the length of time in which its influence is active must be defined. If this agreement will exist indefinitely so long as both the Advertiser and Influencer wish to participate in it, then select the "Ongoing Term." This option allows either Party to terminate this paperwork but only by informing the Remaining Party of this intent ahead of time. This time period must be defined as a minimum number of days' notice before the termination date. That is, document the number of days before a termination date when the Terminating Party must inform the Remaining Party of his or her intent to leave the agreement. The Terminating Party may give the Remaining Party more notice if desired but may not wait until fewer days (than reported in this statement) to inform the Remaining Party of his or her intended cancellation date.
(8) Fixed Term. If this agreement will only be in effect until a defined date of termination then select the "Fixed-Term" option. This statement will require that the date of termination (agreed to by the Advertiser and Influencer) be solidified by documenting it in the space provided.
III. Content Requirements
(9) Commissioned Promotional Content. The social medial posts the Advertiser will require of the Influencer must be defined. This should include a description of the media (i.e. videos, gifs, music, images, etc) and text that should make up the posts the Influencer dispenses.
IV. Advertiser Approval
Select Item 10 Or Select Item 11
(10) Required Approval. If the content of the posts the Influencer makes to promote the Advertiser's business must be approved by the Advertiser beforehand, then select the "Be Required Statement" of the fourth article. If this is not the case then leave this statement unselected.
(11) No Approval Required. If the Influencer is not required by this paperwork to seek approval for the posts made to promote the Advertiser's products and/or services then the second statement in Article IV should be selected by marking or clicking its corresponding checkbox.
V. Social Media Platforms
(12) Content Placement. Name every social media platform (i.e. Facebook, Twitter, Instagram, etc.) where the Advertiser requires posts made by the Influencer.
VI. Payment
(13) Flat Fee. The payment that the Advertiser shall deliver to the Influencer in exchange for the social media content he or she posts should be discussed. If this will be a set amount of cash money, then record the dollar amount the Influencer must receive for his or her services. Use the "Flat Fee" line to document the non-commission payments that will be required of the Advertiser.
(14) Commission. In some cases, the payment will either be accompanied by a commission payment based on the amount of income the Influencer generates for the Advertiser or may consist entirely of commission payment(s). If so, then use the "Commission" line to solidify the commission amount and how it will be calculated. Be advised that if needed, you may report either or both amounts for this section a total amount of money that must be paid to the Influencer, as a per post amount, or both. It will be especially important that an accurate and specific definition be delivered to this area.
(15) Non-Monetary Compensation. If the Advertiser shall submit "Products," "Services," or even "Travel" as a payment to the Influencer then select the appropriate checkbox and document such items of payment. Keep in mind that more than one form of payment may be selected in this article.
(16) Other Type Of Payment. Any "Other" type of payment the Advertiser must deliver to the Influencer for his or her social media promotion service should be defined using the space following the checkbox label "Other." Naturally, if a definition of payment is submitted here, the corresponding checkbox should be selected.
VII. Payment Instructions
Select Item 17 Or Select Item 18
(17) Pre-Payment. The payment schedule the Influencer expects the Advertiser to follow is the next topic of discussion. Select the "Pre-Payment" checkbox statement if the Influencer requires payment before posting content on the Advertiser's behalf.
(18) Payment Upon Receipt. If the Influencer will submit an invoice before expecting payment then select the second statement in this area and produce the number of days after the Advertiser receives the invoice that will be given as a grace period to pay the invoice. This will be the maximum number of days past an invoice's due date when payment can be made and considered on time. If this option defines when the Influencer will expect payment then additional information will be required in items A and B.
(19) Late Fee Schedule. If a late fee will be assessed when the Advertiser fails to make a payment on time, then reiterate the number of days' making up the Influencer's grace period for payment by recording it to the space in Item A.
(20) Late Fee Requirement. Select the appropriate checkbox to indicate whether a late fee will be a predetermined dollar amount or calculated as a percentage based on the overdue invoice. Notice that each definition will require additional information. If the late fee will be a predetermined dollar amount, then document the dollar amount required whereas if it is a percentage of the total owed on the late invoice, then that percentage must be recorded. Bear in mind that the late fee may only be a flat "Dollar Amount" or a "Percentage Of Invoice" and may not be both so only one of these statements may be selected then completed with the information it requires while the other should remain unselected and incomplete.
(21) Deposit Status. This agreement must establish whether a deposit from the Advertiser to the Influencer is required to demonstrate the commitment behind this agreement. If so, then locate the bold label "Be Required," select the adjacent checkbox, then document the amount the Advertiser must submit as a deposit. If the Influencer and Advertiser have agreed a deposit will "Not Be Required" then select the second checkbox statement of Item B. Only one of these statements may be selected.
VIII. Copyright
(22) Content Owner. Only one Party should be named as the Owner fo the post content made by the Influencer on the Advertisers behalf. Select the checkbox to indicate whether the Owner of all subsequent post content will be the Advertiser or the Influencer.
IX. Exclusivity Of Influencer
(23) Exclusivity. One of two statements may be made regarding the exclusivity of the Influencer's promotional efforts. If he or she will be required to avoid promoting in certain industries (i.e. for Competitors of the Advertiser) or must refrain from advertising in this capacity for anyone other than the Advertiser then select the "Exclusive" statement and list every industry the Influencer may no longer promote in. If no such restriction will be placed on the Influencer's business then select the "Non-Exclusive" checkbox statement.
XVI. Governing Law
(24) State Jurisdiction. This contract will be effective once it is signed. The State that will hold authority over the Advertiser, the Influencer, and the contents of this agreement must be identified as the home of the court system that will judge any disputes. Place the name of this state in the Sixteenth Article.
Executing The Contract's Effect
(25) Advertiser's Signature And Printed Name. To enter this agreement, the Advertiser, or a Representative of the Business Entity issuing this document, must sign his or her name then print it.
(26) Advertiser's Signature Date. The date when the Advertiser has entered this agreement by signature should be dispensed to this paperwork.
(27) Influencer's Signature And Printed Name. The Influencer must sign his or her name as well. Once done, he or she should provide the printed version of his or her name.
(28) Influencer's Signature Date. The date when the Influencer's signature was provided to this document should be recorded by the Influencer once he or she has signed it.
Instagram Influencer Contract Template
Source: https://eforms.com/employment/influencer/
Reviewed by Lauren
on
November 30, 2021
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