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Influencer Agreement
I need an influencer agreement for a social media personality with a following of at least 50,000, focusing on promoting our eco-friendly products. The agreement should include deliverables such as monthly posts and stories, a 3-month contract duration, compensation details, and guidelines for brand alignment and content approval.
What is an Influencer Agreement?
An Influencer Agreement is a legal contract between brands and social media personalities who promote products or services to their followers. These agreements, increasingly common in Indonesia's digital marketplace, spell out how influencers should create and share sponsored content across platforms like Instagram, TikTok, and YouTube.
Under Indonesian consumer protection laws, these contracts typically cover payment terms, content requirements, posting schedules, and disclosure rules for sponsored posts. They also address key issues like intellectual property rights, exclusivity clauses, and compliance with Indonesia's electronic transaction regulations (UU ITE), ensuring both parties understand their rights and responsibilities in the partnership.
When should you use an Influencer Agreement?
Use an Influencer Agreement before starting any social media marketing campaign with content creators in Indonesia. This contract becomes essential when partnering with influencers who have significant followings and will represent your brand across platforms like Instagram, TikTok, or YouTube.
The agreement needs to be in place before any content creation begins, particularly for campaigns involving regulated industries like finance, healthcare, or food products. Indonesian law requires clear disclosure of sponsored content, so having this agreement protects both parties by defining promotional guidelines, payment terms, and compliance requirements under UU ITE and consumer protection regulations.
What are the different types of Influencer Agreement?
- Influencer Marketing Contract: Basic agreement for direct brand-influencer partnerships, covering content creation and promotion terms
- Social Media Influencer Contract: Platform-specific agreement detailing posting requirements and engagement metrics
- Influencer Agency Agreement: Comprehensive contract for agencies managing multiple influencers
- Influencer Talent Agency Contract: Specialized agreement for long-term talent representation and career management
- Social Influencer Contract: Simplified agreement for micro-influencers and small-scale campaigns
Who should typically use an Influencer Agreement?
- Brand Companies: Businesses seeking influencer marketing services, from startups to major corporations, who initiate and fund campaigns
- Social Media Influencers: Content creators with significant followings who agree to promote products or services across their platforms
- Marketing Agencies: Firms that manage influencer relationships and campaigns, often drafting and negotiating agreements on behalf of brands
- Legal Teams: In-house or external lawyers who review and customize agreements to ensure compliance with Indonesian advertising laws
- Talent Management Companies: Organizations representing influencers, negotiating terms and protecting their clients' interests
How do you write an Influencer Agreement?
- Campaign Details: Outline specific deliverables, content types, posting schedules, and platform requirements
- Influencer Information: Gather social media handles, follower counts, engagement rates, and past campaign performance metrics
- Payment Terms: Define compensation structure, payment schedule, and any performance-based bonuses
- Content Guidelines: Document brand requirements, disclosure rules per Indonesian regulations, and content approval processes
- Legal Requirements: Include UU ITE compliance details, intellectual property rights, and exclusivity terms
- Platform Verification: Our system generates custom agreements ensuring all these elements are properly documented and legally sound
What should be included in an Influencer Agreement?
- Party Details: Full legal names, addresses, and registration numbers of both brand and influencer
- Campaign Scope: Detailed description of content requirements, platforms, and posting schedules
- Compensation Terms: Clear payment structure, timelines, and performance-based incentives
- Content Rights: Intellectual property ownership, usage rights, and licensing terms
- Disclosure Rules: Required hashtags and sponsorship declarations per Indonesian advertising laws
- Compliance Clauses: UU ITE regulations, content restrictions, and platform guidelines
- Termination Terms: Conditions for ending the agreement and handling outstanding obligations
- Dispute Resolution: Choice of Indonesian law and jurisdiction for conflict resolution
What's the difference between an Influencer Agreement and an Agency Agreement?
While both documents govern marketing relationships, an Influencer Agreement differs significantly from an Agency Agreement in several key aspects under Indonesian law. Let's explore the main differences:
- Direct vs. Intermediary Relationship: Influencer Agreements create a direct connection between brands and content creators, while Agency Agreements establish a relationship with a marketing firm that manages multiple influencers
- Scope of Services: Influencer Agreements focus specifically on social media content creation and promotion, whereas Agency Agreements cover broader marketing services and campaign management
- Payment Structure: Influencer Agreements typically include per-post or campaign-based compensation, while Agency Agreements often involve retainer fees and commission structures
- Legal Liability: In Influencer Agreements, the content creator bears direct responsibility for compliance with Indonesian advertising laws, while Agencies often assume intermediary liability and oversight responsibilities
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