An Influencer & Brand Ambassador Agreement governs promotional collaborations between brands and individuals. This playbook focuses on content ownership, disclosure obligations, and performance expectations.
Why This Matters: Non-compliance can lead to fines, injunctions, brand damage and loss of consumer trust.
Negotiation strategy
If you're the Company:
Ensure that all marketing activities are compliant with advertising standards and regulations. Include specific references to FTC guidelines and other relevant laws.
If you're the Influencer/ Ambassador:
Agree to adhere to all applicable advertising standards and regulations. Be proactive in monitoring compliance and addressing any issues promptly.
Essential elements
1
Compliance Obligations
Adhere to advertising standards.
2
Monitoring Responsibilities
Actively monitor marketing activities.
3
Corrective Actions
Address non-compliance promptly.
Action framework
ACCEPT
Propose edits if the clause lacks specific compliance measures.
EDIT
Reject if the clause does not include any compliance obligations.
ADD
Add language to cover jurisdiction-specific compliance needs.
PRO TIP
Always include specific references to applicable laws and guidelines to ensure clarity and enforceability.
Example clauses
FAVORABLE
Preferred Compliance Clause
"The Influencer shall ensure that all marketing activities comply with all applicable advertising standards and regulations, including FTC guidelines."
NEUTRAL
Fallback Compliance Clause
"The Influencer agrees to make reasonable efforts to comply with advertising standards and regulations."
UNFAVORABLE
Lack of Specificity
"The Influencer will try to follow advertising rules."
Fallbacks
High-Risk Markets
In high-risk markets, additional compliance measures may be necessary to mitigate potential legal exposure.
Cross-Border Campaigns
For campaigns spanning multiple jurisdictions, ensure compliance with each region's specific advertising laws.
Digital Platforms
Digital platforms may have unique advertising standards that require additional compliance efforts.
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