INFLUENCER AGREEMENT: 5 THINGS TO NOTE! – Zaidatul Izyan (Associate)


Businesses are now shifting towards ‘Influencer Marketing’ as a strategy to promote their products or services. It is a form of marketing tool which is proven to be more effective and save cost in comparison to traditional advertising methods such as through billboards, brochures or broadcasting on TV or radio. ‘Influencers’ are now able to affect people’s buying decisions based on the high amount of trust that they built over the years and hold the power to increase sales for businesses. Naturally, businesses now are more inclined to use influencers to market their products or services by endorsement in exchange for payment, commission or any other benefit that businesses deem fit.

However, when engaging with influencers (also known as social media influencers, digital creators, content creators or celebrities in social media), it is vital to set the relationship, expectations, deliverables, deadlines and etc from the very beginning. This can be done through a complete written agreement between a business and an influencer.

Undoubtedly, a well-drafted written agreement is essential to prevent future dispute or disagreement. As such, the following are the 5 key things to remember when entering into an influencer agreement:-

  • Ensure that the scope of work of the parties is well-defined

The parties’ scope of work shall determine the obligations and responsibilities of the parties under the contract. For example, an influencer shall promote the company’s product, create content for the company and provide a monthly report on the campaign’s viability and success. The details of the parties’ obligations and responsibilities help to manage the parties’ expectations as well as to avoid any dispute or disagreement in respect of fulfilling their respective obligations and responsibilities under the contract.

  • There must be requirements of content to be produced of posted

This is where a company can specify in detail its criteria in respect of the content to be produced or posted. For instance, the influencer shall post 2 content per week or the influencer shall put the company’s logos for every content to be posted or produced. Specifications for the content such as its quantity, quality, deadlines and even approval process shall be included in the influencer agreement in order to meet the goal of the company’s campaign.

  • Clarity on the ownership of the content

This is highlighted under the intellectual property rights clause. This clause is important to avoid any dispute or disagreement in respect of the ownership as well as the right to use the content. For instance, if a company decides to render the intellectual property rights in respect of the content to the influencer, then the company can only use the content if it has obtained a license to do so.

  • Insert an exclusivity clause

An exclusivity clause helps to assert a dominant presence in a particular field which can be done by refraining influencers from working for other competing businesses. For example, if an influencer only works with one company in respect of a cosmetic product, the audience or the people will only be exposed to that cosmetic product of that specific company as there are no other contested products of other companies.

  • Ensure that your rights are well-protected

To ensure that your legal rights are well-protected under an influencer agreement, it must be well-drafted. Before signing, you must read the agreement thoroughly to see if there is any clause which may be detrimental to you or your business. This is to prevent incurring more costs if a dispute arises due to the said agreement.

Disclaimer: This article is for informational purposes only and does not constitute any legal advice. If you have any questions, please contact us directly