Brands and influencers mutually benefit from each other in multiple ways. One of these ways is through influencer marketing partnerships.
Prior to the spike of social media platforms, brands would contact artists and celebrities to negotiate these agreements, with mostly standard and adhesion-style provisions, that seemed more like a “take it or leave it”, than an actual negotiation. In recent years, influencer and brand negotiations have become more tailored since media platforms have provided influencers with significant leverage and bargaining power. These creators, as opposed to their media predecessors, not only produce the content, but film it, edit it, and distribute it. By doing so influencers fulfill multiple tasks, otherwise left to brands and their production partners. This offers substantial cost-effectiveness and streamlining for brands.
Brands partner with influencers to connect to their followers, demographic and market. On the flip side, influencers need brands to create visibility, status, and credibility.
What are some contract provisions influencers should look out for during a negotiated marketing deal?
A key provision to be mindful of during negotiations is the “Usage or Licensing” section. This provision determines what the influencer can and cannot perform with the good or service the brand provides them with. During the negotiation process, brands prefer to use broader language and give more freedom to how the influencer uses the product. Influencers, on the other hand, prefer to add more details and narrow the product usage. They want a clear explanation of how to apply the product or service, how long to use the product for, and clear writing that won’t modify their content too much.
Another key provision would be the “Approvals and Creative Control” section. This section determines whether the influencer or brand has final approval on the artistic endeavors the influencer undertakes to promote the good or service. For example, a common creative control situation between the brand and the influencer is negotiating the talking points that the brand wants the influencer to cover regarding the good or service.
The “Exclusivity” provision ensures that the influencer is working solely with the one brand for a period of time and vice versa. If the deal is more exclusive, it may either have a longer time frame, or be more expensive. The influencer will typically not be permitted to post on the platform promoting a similar good or service offered by a competitor of the brand they are working with for a period of time after the publication. It’s important for the brands to verbalize and list out their competitors in the contract with the influencer. If they do not, they run the risk of the influencer using their product and a competitor’s product in the same media post or during the same time period.
The “Termination” provision highlights the conditions of the campaign, and how they can be breached. For example, if the contract between the influencer and the brand explicitly stated that the influencer could not wear pink on Wednesdays during the campaign, and the influencer wore pink on Wednesday, the contract would in fact, be breached and the section would outline whether this would terminate the contract. Specific language, behavior, decisions, and morals all play a role in the termination of a contract.
Finally, the last negotiation section is money, which for some influencers could be the most important section. Because both parties are in contract with each other to mutually profit from one another, money plays an essential, if not the most important, role in this process.
