10 clauses to include in an influencer Marketing Agreement

Clearly define the scope of work to minimize the risk of misinterpretations. Specify:

• Number of posts, stories, or giveaways
• Duration of videos or stories
• Term of the engagement and posting frequency
• Whether the influencer will propose an overall marketing strategy
• Whether the influencer will analyze audience engagement and provide detailed reports
• Any specific brand requirements
• Whether prior approval of influencer activities is required and the approval process

The agreement should include:

• Detailed payment schedule
• Influencer’s bank account details
• Deadlines for payments and invoice issuance
• Clear statement that the influencer is responsible for taxes and insurance contributions as a freelancer

3. Obligations

Outline the obligations of both parties to ensure timely and accurate performance as per the agreed scope and payment terms.

4. Intellectual property and content rights

As a general rule, the brand has exclusive or non-exclusive rights over the content created by the influencer for a certain period of time, whereby the influencer may retain rights to use or share the content for the development of their own profile or brand.

5. Exclusivity

It needs to be made clear whether or not the influencer will be able to work with similar brands or brands within the same and / or similar industry. Where exclusivity is agreed upon, respective liability for breach may be provided.

6. Confidentiality and reputation

Both parties should agree:

• Influencers must not disclose any confidential brand information or create content that could damage the brand’s reputation.
• Brands must respect the confidentiality of influencers’ portfolios, past client feedback, and analytics reports shared during the collaboration.

7. Personal data protection

Ensure compliance with Bulgarian and EU personal data protection laws:

• Collect and process only necessary data
• Store data for a limited period
• Share data only when legally required

8. Termination and dispute resolution

Include clear terms regarding:

• Mutual termination
• Unilateral termination with or without notice
• Competent court and applicable law for dispute resolution

9. Force majeure

Regulate instances where a party will not be liable for failure to fulfill contractual obligations due to unforeseen circumstances.

10. Notices

Define how official communication will be handled between the parties, including how approvals, reports, or objections will be submitted and acknowledged.