This is a Marketing Services Agreement suitable for hiring an Influencer for marketing and promotional campaigns, such as engaging in social media advertising campaigns. Under this agreement, an Influencer was to provide promotional and marketing services for a Company for an Agreed Price. This agreement is drafted in Neutral Form. This agreement is drafted in favour of the Influencer.
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The Influencer Marketing Contract is a legal agreement entered into between two parties: the influencer and the company. The document outlines the terms and conditions for the influencer to provide promotional and marketing services for the company's products. The importance of this document lies in establishing clear expectations and obligations for both parties involved.
The document begins with an interpretation section, defining key terms and providing general provisions. It clarifies that the influencer is responsible for providing the services in a professional and diligent manner, complying with applicable laws and regulations, and obtaining separate agreements for any services outside the scope defined in the agreement.
The completion of the work section emphasizes the importance of timely performance by the influencer. It states that all services must be completed by the deadline instructed by the company, and any delays require fair and reasonable extensions granted by the company.
The compensation, consideration, and payment section outlines the agreed-upon compensation for the influencer's services. It specifies the method of payment, due dates, and consequences of late payment. It also addresses the influencer's expenses, requiring them to keep records and submit itemized invoices.
The liabilities and indemnities section establishes the influencer's responsibility to promptly address any defects in their performance and provide necessary rectification. It limits the influencer's liability to the amount of service fees received under the agreement and includes an indemnification clause for the company.
The term and termination section defines the duration of the agreement and the conditions for termination by either party. It also addresses the influencer's right to terminate the agreement if the company fails to pay for services or breaches material provisions.
The miscellaneous influencer obligations section highlights the influencer's role in creating original content, following the company's guidelines, and complying with social media platform terms and conditions. It also addresses intellectual property rights and confidentiality.
The document concludes with clauses on announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, no rights under contracts for third parties, arbitration and proper law, notices and service, and counterparts.
Overall, the Influencer Marketing Contract is a comprehensive document that protects the interests of both the influencer and the company, ensuring clear expectations, compensation, and obligations.
1. Review the document: Familiarize yourself with the entire Influencer Marketing Contract to understand its purpose and scope.
2. Understand the interpretation section: Pay attention to the definitions and general provisions to ensure clarity on key terms and the construction of the agreement.
3. Comply with obligations: As the influencer, provide the services in a professional and diligent manner, following industry standards and applicable laws and regulations.
4. Complete the work on time: Adhere to the deadlines instructed by the company and seek extensions if necessary, ensuring prompt and timely performance.
5. Discuss compensation and payment: Agree on the compensation for your services and the method of payment. Keep accurate records of expenses and submit itemized invoices.
6. Address defects and provide rectification: Promptly report and address any defects in your performance, striving to rectify them as soon as reasonably practicable.
7. Understand liabilities and indemnities: Be aware of your liability, which is capped to the amount of service fees received. Seek indemnification from the company for any liabilities incurred.
8. Terminate the agreement if necessary: Exercise your right to terminate the agreement with one month's written notice if desired. Ensure outstanding balances are paid within 5 days of termination.
9. Fulfill miscellaneous obligations: Create original content, follow the company's guidelines, and comply with social media platform terms and conditions.
10. Protect intellectual property and maintain confidentiality: Understand your rights and obligations regarding intellectual property and confidential information.
11. Seek legal advice if needed: If you have any doubts or concerns about the agreement, consult with a legal professional to ensure your rights and interests are protected.