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Contracts with social media influencers

On behalf of Warren Gammill & Associates, P.L. | Apr 25, 2019 | Contract Disputes

Social media influencers are the biggest thing in marketing today — especially if you’re trying to capture the interest of the Millennial Generation or members of Generation Z.

However, you need to make sure that you put down some ground rules when you start working with an influencer — before you find your company’s reputation moving way off track.

1. Define your brand identity

Make sure that you review your prospective influencer’s earlier content. You want an influencer whose values closely align with the ones your company promotes; otherwise, you and your influencer could end up shocked and disappointed with the outcome of your partnership.

2. Make your goals clear

While influencers are generally given some pretty wide latitude with what they post, don’t just give your influencer a blank slate and no direction. Be clear about the goals you have for your campaign as well as any restrictions on the content.

3. Define the payment terms

Lay out clear payment terms in your contract with your influencer, including how much will be paid and when. Also, make it clear that the influencer must disclose that his or her endorsement is paid; otherwise, you’ll be in violation of the law.

4. Make it clear who owns the content

If you want to re-purpose the content the influencer creates, you need to negotiate for that right. Don’t assume your influencer will simply hand over his or her original content just because you paid for its development.

5. Get some legal advice.

It’s always wisest to make sure that you have an experienced legal eye review your influencer contracts before they’re signed. It’s far easier to prevent a contract dispute than it is to litigate one.

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