How to make sure your influencer delivers

If you want to make sure that your brand benefits from influencer marketing, planning is key. Influencer marketing can be tricky – although we have a great number of influencers, the legal frameworks of many countries do not yet clearly acknowledge the existence of influencer marketing. The situation is changing right now, with courts and regulatory authorities in a number of jurisdictions taking action or undertaking reviews or investigations, and this is expected to continue. Here are some tips on what to include in your contract with influencers to make sure your advertising campaign is legal and that your influencer stays on track and delivers the right message.

• The most important thing is to specify the subject of the cooperation correctly. The agreement should make it clear what kind of content you want the influencer to produce, including all details that are important to you, such as the nature and number of posts, stories, channels, tracked links, hashtags, etc. You should also explain what your brand is aiming for by clarifying your concept, products to highlight, deadlines and the acceptance process. Finally, your agreement should include clear provisions regarding remuneration for the influencer, both monetary or of a different nature, like free products or vouchers;
• Ensure your contract is in plain language and is easily understood by the influencer. In this rapidly evolving area, many of the most powerful advertisers lack business and legal experience and advice. It behooves brands and their advisers to make sure covenants are clear and understandable.
• Remember that all influencers’ advertising posts need to be tagged as advertising in order to be legally compliant. Post that are marked only with #ad or #cooperation are likely not to be understood by internet users and are likely to be found to be illegal. It is therefore important to make sure that an influencer contract requires the influencer to tag their advertising posts correctly. Otherwise, as a sponsor, you may also be found liable for unfair market practice or an act of unfair competition;
• If your products are not intended for minors, like alcohol, you need to make sure that advertising is directed to adults only by requiring your influencer to use age-gates for the branded content. Be careful to avoid social media that are designed mainly for minors or those that do not have age-gates. And speaking of alcohol – please be mindful that advertising of spirits directed to the general public is often limited.

Finally, remember to ensure that the agreement contains a copyright cause giving you the right to use the influencer’s content in the future.

Authored by: Ewa Kacperek, Aleksandra Kuc-Makulska.