Influencer Partnership Agreement - England and Wales

Influencer Partnership Agreement for the United Kingdom

Influencer Partnership Agreement Template for England and Wales

An Influencer Partnership Agreement is a legally binding document governed by the laws of England and Wales that establishes the terms and conditions between a brand and a social media influencer. It outlines content creation requirements, compensation terms, intellectual property rights, compliance with advertising regulations, and mutual obligations. The agreement ensures both parties understand their responsibilities while adhering to UK advertising standards and consumer protection laws.

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What is a Influencer Partnership Agreement?

The Influencer Partnership Agreement is essential in today's digital marketing landscape, where brands increasingly rely on social media personalities for promotion. Used when establishing formal collaborations between companies and content creators, this agreement, governed by English and Welsh law, provides comprehensive coverage of deliverables, payment terms, content rights, and regulatory compliance. It protects both parties' interests while ensuring adherence to UK advertising standards, particularly the CAP Code and ASA guidelines. The document is crucial for maintaining transparency and setting clear expectations in influencer marketing relationships.

What sections should be included in a Influencer Partnership Agreement?

1. Parties: Identification of contracting parties (brand and influencer)

2. Background: Context of the agreement and brief description of the partnership

3. Definitions: Key terms used throughout the agreement including Platform, Content, Campaign, and Deliverables

4. Services: Detailed description of influencer's obligations and deliverables

5. Compensation: Payment terms, amounts, and schedule

6. Content Requirements: Specifications for content creation and approval process

7. Compliance Requirements: Advertising disclosure requirements and regulatory compliance

8. Intellectual Property Rights: Ownership and usage rights of content

9. Term and Termination: Duration and termination provisions

What sections are optional to include in a Influencer Partnership Agreement?

1. Exclusivity: Terms restricting the influencer from working with competing brands during the agreement period

2. Performance Metrics: Specific KPIs and measurement criteria for campaign performance

3. Crisis Management: Procedures for handling PR issues or reputation management

4. International Usage: Terms governing content use in different territories and jurisdictions

What schedules should be included in a Influencer Partnership Agreement?

1. Schedule 1 - Content Brief: Detailed specifications for required content including format, style, and messaging requirements

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, milestones, and performance-based compensation

3. Schedule 3 - Brand Guidelines: Brand requirements, usage guidelines, and visual identity specifications

4. Schedule 4 - Compliance Guidelines: Detailed advertising disclosure requirements and platform-specific guidelines

5. Schedule 5 - Social Media Platforms: List of approved platforms and their specific content requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Consumer Goods
Fashion and Beauty
Technology
Food and Beverage
Gaming
Lifestyle

Relevant Teams

Marketing
Legal
Social Media
Brand Management
Compliance
Finance

Relevant Roles

Marketing Manager
Brand Manager
Social Media Manager
Legal Counsel
Compliance Officer
Talent Manager

Industries

Consumer Protection from Unfair Trading Regulations 2008: Key consumer protection legislation that prohibits unfair commercial practices, including misleading actions and omissions in advertising and marketing

Consumer Rights Act 2015: Legislation covering consumer contracts for goods, digital content, and services, ensuring fairness and transparency

Consumer Contracts Regulations 2013: Regulations governing distance selling and online contracts, including cancellation rights and information requirements

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing rules for all forms of non-broadcast advertising

ASA Guidelines: Advertising Standards Authority guidelines specifically addressing influencer marketing and social media advertising requirements

CMA Guidelines: Competition and Markets Authority guidelines on social media endorsements and transparency in influencer marketing

UK GDPR: Data protection regulation governing the processing of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

PECR: Privacy and Electronic Communications Regulations governing electronic marketing and communications

Copyright, Designs and Patents Act 1988: Primary legislation governing intellectual property rights, including content creation and sharing

Trade Marks Act 1994: Legislation protecting brands and trademarks, relevant for brand collaborations and sponsorships

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, ensuring balance between parties

Misrepresentation Act 1967: Law governing false statements and misrepresentations in contractual relationships

Electronic Commerce Regulations 2002: Regulations governing electronic transactions and digital commerce activities

Employment Rights Act 1996: Legislation helping determine proper classification of working relationships and associated rights

IR35 Legislation: Tax legislation concerning off-payroll working rules, relevant for influencer engagement structures

Gambling Act 2005: Legislation governing gambling-related promotions and content, if applicable to the influencer's activities

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What is a Influencer Partnership Agreement?

What sections should be included in a Influencer Partnership Agreement?

What sections are optional to include in a Influencer Partnership Agreement?

What schedules should be included in a Influencer Partnership Agreement?

Authors

Alex Denne

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