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Influencer Marketing Agreement

This Influencer Marketing Agreement template is for businesses to formally engage social media influencers for promotional campaigns. It outlines the terms of collaboration, deliverables, payment, and intellectual property rights.

Updated 15d ago
influencer marketingmarketing agreementsocial mediacollaborationcontractSMESouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Influencer Marketing Agreement

Influencer Marketing Agreement

{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}

AGREEMENT FOR INFLUENCER MARKETING SERVICES

This Influencer Marketing Agreement ('Agreement') is made and entered into as of {{date_of_agreement}} ('Effective Date'), by and between:

{{company_name}}, a company duly incorporated 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}}, an individual residing at {{influencer_address}}, or a company duly incorporated under the laws of {{country_of_incorporation}}, with its principal place of business at {{influencer_address}} (hereinafter referred to as the 'Influencer').

The Company and the Influencer are hereinafter collectively referred to as the 'Parties' and individually as a 'Party'.

RECITALS

WHEREAS, the Company is engaged in the business of {{company_business_description}} and wishes to promote its {{product_service_name}} ('Product/Service') through social media and other digital channels;

WHEREAS, the Influencer is an independent social media influencer with expertise in {{influencer_niche}} and has a significant following on various social media platforms, including {{social_media_platforms}};

WHEREAS, the Company desires to engage the Influencer to provide marketing and promotional services for the Product/Service, and the Influencer desires to provide such services, all in accordance with the terms and conditions set forth in this Agreement.

1. ENGAGEMENT AND SERVICES

1.1. The Company hereby engages the Influencer, and the Influencer hereby accepts such engagement, to provide influencer marketing services ('Services') as more fully described in Schedule A (Scope of Work) attached hereto and incorporated herein by reference.

1.2. The Services shall include, but not be limited to, the creation and publication of content featuring the Product/Service on the Influencer's social media channels, as agreed upon by both Parties.

1.3. The Influencer shall perform the Services in a professional manner, using their best efforts to promote the Product/Service positively and effectively.

2. TERM AND TERMINATION

2.1. This Agreement shall commence on the Effective Date and shall continue in full force and effect until {{end_date_of_agreement}} or until otherwise terminated in accordance with the provisions of this Agreement ('Term').

2.2. Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any of its obligations hereunder and fails to cure such breach within {{number_of_days}} days of receiving written notice thereof.

2.3. The Company may terminate this Agreement for convenience at any time by providing {{number_of_days_notice}} days' written notice to the Influencer.

2.4. Upon termination of this Agreement, the Influencer shall immediately cease all promotional activities related to the Product/Service and return any Company property in their possession.

3. COMPENSATION

3.1. In consideration for the full and satisfactory performance of the Services, the Company shall pay the Influencer a total fee of {{currency}}{{amount}} ('Fee').

3.2. The Fee shall be paid as follows: {{payment_schedule_details}}.

3.3. All payments shall be made within {{number_of_days}} days of receipt of a valid invoice from the Influencer.

3.4. The Influencer shall be responsible for all applicable taxes arising from the compensation paid under this Agreement, including but not limited to income tax, VAT (if applicable), and any other statutory contributions.

4. INTELLECTUAL PROPERTY

4.1. The Influencer acknowledges that all intellectual property rights in the Product/Service, including trademarks, copyrights, and designs, remain the sole property of the Company.

4.2. The Influencer hereby grants to the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform the content created by the Influencer under this Agreement for promotional purposes, across all media, during and after the Term.

4.3. The Influencer represents and warrants that the content created for the Services will be original and will not infringe upon the intellectual property rights of any third party.

5. CONFIDENTIALITY

5.1. Both Parties agree to keep confidential all non-public information disclosed by the other Party during the Term of this Agreement.

5.2. Confidential Information shall not include information that is publicly available, was known to the receiving Party prior to disclosure, or is independently developed by the receiving Party without use of the disclosing Party's Confidential Information.

6. INDEMNIFICATION

6.1. The Influencer agrees to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, 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 this Agreement, negligence, or willful misconduct.

6.2. The Company agrees to indemnify and hold harmless the Influencer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Company's breach of this Agreement, negligence, or willful misconduct related to the Product/Service.

7. GOVERNING LAW AND DISPUTE RESOLUTION

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

7.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, or validity thereof, shall be resolved through amicable negotiations between the Parties.

7.3. If the Parties are unable to reach an amicable resolution, the dispute shall be submitted to mediation in accordance with the rules of {{mediation_institution}}.

7.4. If mediation fails, the dispute shall be finally settled by arbitration in accordance with the rules of {{arbitration_institution}}, with the seat of arbitration being {{city_of_arbitration}}.

8. ENTIRE AGREEMENT

This Agreement, together with its 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 oral or written.

9. SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

FOR THE COMPANY:

___________________________

Name: {{company_authorized_signatory_name}}

Title: {{company_authorized_signatory_title}}

Date: {{signature_date}}

FOR THE INFLUENCER:

___________________________

Name: {{influencer_full_name}}

Date: {{signature_date}}

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