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Instagram Influencer Agreement

This template outlines the terms and conditions between a company and an Instagram influencer for marketing campaigns. It should be used to formalize agreements and protect both parties.

Updated 15d ago
InstagramInfluencerAgreementMarketingSocial MediaContractSMESouthern Africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

AGREEMENT FOR INFLUENCER MARKETING SERVICES

This Influencer Marketing Services Agreement (the “Agreement”) is entered into on this {{date_of_agreement}} day of {{month_of_agreement}}, {{year_of_agreement}}, by and between:

{{company_name}}, a company duly incorporated and operating under the laws of {{country_of_incorporation}}, with its principal place of business at {{company_address}} (hereinafter referred to as the “Company”);

AND

{{influencer_name}}, with an address at {{influencer_address}}, ID/Passport Number {{influencer_id_number}} (hereinafter referred to as the “Influencer”).

Collectively referred to as the “Parties”.

1. ENGAGEMENT AND SERVICES

1.1 The Company hereby engages the Influencer, and the Influencer hereby accepts such engagement, to provide influencer marketing services as described in Schedule A (hereinafter referred to as the “Services”).

1.2 The Influencer agrees to promote the Company's {{product_service_name}} on their Instagram platform(s) (hereinafter referred to as the “Platform”), specifically on the account {{instagram_handle}}.

1.3 The Services shall include, but are not limited to, creating and publishing original content, images, videos, stories, and/or captions promoting the Company's {{product_service_name}}, in accordance with the campaign brief provided by the Company (hereinafter referred to as the “Campaign Brief”).

2. CAMPAIGN BRIEF AND DELIVERABLES

2.1 The Influencer shall adhere to the Campaign Brief attached hereto as Schedule A, which outlines the specific content requirements, posting schedule, hashtags, tagging requirements, and other relevant instructions.

2.2 Key deliverables include:

- {{number_of_posts}} Instagram posts.

- {{number_of_stories}} Instagram Stories.

- {{number_of_reels}} Instagram Reels.

- Minimum engagement rate of {{minimum_engagement_rate}}% (or other agreed metric).

2.3 All content created by the Influencer must be approved by the Company prior to publication. The Company shall have {{number_of_days}} business days to review and provide feedback on submitted content.

3. COMPENSATION

3.1 In consideration for the Services rendered by the Influencer, the Company shall pay the Influencer a total fee of {{currency}} {{total_fee}} ({{total_fee_words}}).

3.2 Payment shall be made as follows:

- {{percentage_upfront}}% ({{currency}} {{upfront_amount}}) upfront upon signing of this Agreement.

- The remaining {{percentage_upon_completion}}% ({{currency}} {{remaining_amount}}) upon successful completion of all Services and approval of all deliverables by the Company.

3.3 The Influencer shall submit an invoice for services rendered to {{company_email_for_invoicing}}.

3.4 All payments will be made via {{payment_method}} to {{influencer_bank_details}}. Any bank charges shall be borne by the {{party_responsible_for_bank_charges}}.

4. INTELLECTUAL PROPERTY

4.1 The Influencer acknowledges and agrees that all content created as part of the Services, once approved and published, shall be the exclusive property of the Company.

4.2 The Influencer grants the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology, whether now known or hereafter developed, both within and outside the Instagram platform, for marketing and promotional purposes.

4.3 The Influencer warrants that all content created will not infringe on any third-party intellectual property rights.

5. TERM AND TERMINATION

5.1 This Agreement shall commence on {{start_date}} and shall continue until {{end_date}} unless terminated earlier in accordance with the provisions herein.

5.2 Either Party may terminate this Agreement with {{notice_period}} days' written notice if the other Party commits a material breach of any term of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.

5.3 Upon termination, the Influencer shall immediately cease all promotional activities and return any company property.

6. CONFIDENTIALITY

6.1 Both Parties agree to keep confidential all non-public information obtained from the other Party during the course of this Agreement, including but not limited to, marketing strategies, product details, financial information, and campaign specifics.

6.2 This confidentiality obligation shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

7. INDEMNIFICATION

7.1 The Influencer shall indemnify and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Influencer’s breach of any warranty, representation, or covenant in this Agreement, or any third-party claim relating to the Influencer’s content or conduct.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_country}}.

8.2 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by negotiation between the Parties.

8.3 If the dispute cannot be resolved by negotiation within {{negotiation_period}} days, the Parties agree to refer the dispute to mediation in {{mediation_city}}, {{mediation_country}}, in accordance with the rules of {{mediation_organisation}}.

8.4 If mediation is unsuccessful, the Parties agree to refer the dispute to arbitration in {{arbitration_city}}, {{arbitration_country}}, in accordance with the rules of {{arbitration_organisation}}.

9. ENTIRE AGREEMENT

9.1 This Agreement, including Schedule A, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether written or oral.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

FOR THE COMPANY:

_____________________________

Name: {{company_signatory_name}}

Title: {{company_signatory_title}}

Date: {{company_signature_date}}

FOR THE INFLUENCER:

_____________________________

Name: {{influencer_name}}

Date: {{influencer_signature_date}}

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