What Should a Brand's Influencer Agreement Include?
Most campaigns that go sideways were set up that way by a vague contract. Here is what a brand's influencer agreement should cover before anyone posts.
Influencer marketing moves fast, and contracts are usually the last thing anyone wants to slow down for. That is how a brand ends up with content it cannot run as an ad, a creator promoting a competitor the following week, or an FTC problem with the brand's name on it. A good agreement is not long. It is specific.
1. Deliverables and approvals
Spell out the content: the number of posts, the platforms, the formats, the dates, and how long each post must stay live. Include an approval process with realistic turnaround times, and limit how many rounds of revisions the brand can request. Vague deliverables are the most common source of campaign disputes.
2. Usage rights, defined precisely
Decide what the brand actually needs to do with the content after it is posted. Reposting on the brand's own channels, featuring it on the website, and running it as a paid ad are three different rights. The agreement should name each one, the platforms, the territory, and the duration. If the brand wants perpetual or paid-media rights, say so and pay for them, rather than hoping a broad clause holds up later.
3. Paid amplification and whitelisting
If the brand plans to run ads through the creator's account or under their name, often called whitelisting, creator licensing, or Spark Ads, the agreement needs to grant that access expressly, define how long it lasts, and cover whether the creator approves ad copy.
4. Exclusivity that is worth what you pay
A reasonable exclusivity clause keeps a creator from promoting a direct competitor during and shortly after the campaign. Define the competitor set narrowly and the window clearly. Overbroad exclusivity is the term creators push back on hardest, and it is often where a deal stalls.
5. FTC disclosure requirements
The FTC's Endorsement Guides apply to the brand as well as the creator. The agreement should require clear and conspicuous disclosure, specify what that looks like on each platform, prohibit claims the brand cannot substantiate, and give the brand the right to require corrections or removal. We cover what the FTC expects in are brands liable for influencer FTC violations.
6. Payment and cancellation
State the fee, what triggers payment, and the payment timeline. Address what happens if the brand cancels after work has started, and what happens if the creator misses a deadline. Clear terms on both sides keep good creators willing to work with you again.
7. Conduct and termination
A morals clause lets the brand step away if a creator's conduct puts the brand at risk. It works best with an objective standard and a clear process, including what happens to content already posted and fees already earned. Creators increasingly negotiate these, so a fair version gets signed faster.
Write it once, use it across campaigns
Most brands do not need a new contract for every creator. They need a well-built template with a short campaign schedule for the details that change. If you want to see the same deal from the other side of the table, read the clauses creators negotiate. Drafting influencer programs for brands is part of our creator economy practice.
Common questions
Does a brand need a written contract with an influencer?
Yes. Without one, the brand may not have the right to reuse the content, run it as an ad, or require specific disclosures, and there is no agreed remedy if the creator does not deliver.
Who owns the content an influencer creates for a brand?
Generally the creator, unless the contract transfers ownership or grants a license. Most brands need a clearly defined license, not ownership, and the agreement should say which platforms, how long, and whether paid ads are included.
Can a brand require an influencer to follow FTC disclosure rules?
It should. The FTC can hold advertisers responsible for endorsements that fail to disclose a material connection, so the agreement should spell out exactly how and where disclosures appear and give the brand the right to require corrections.
Build a creator business that holds up.
Brand deals, sponsorship agreements, and disclosure compliance, handled by someone who knows the platforms.
