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: Without defined termination rights, parties may be locked into unfavorable agreements or face costly unwinding processes.
Negotiation strategy
If you're the Company:
Ensure termination clauses include reasonable notice periods and allow for flexibility in unforeseen circumstances. Negotiate for comprehensive transition assistance to minimize disruption.
If you're the Influencer/ Ambassador:
Advocate for clear termination for cause provisions with a fair cure period. Ensure return of materials and survival of obligations are well-defined to protect interests.
Essential elements
1
Termination for Convenience
Allows termination with notice.
2
Termination for Cause
Immediate termination for breaches.
3
Transition Assistance
Support for service transfer.
Action framework
ACCEPT
Propose edits if notice periods are too short or transition assistance is not specified.
EDIT
Reject if termination rights are overly restrictive or lack necessary protections.
ADD
Add clauses if missing to ensure smooth transitions and protect interests.
PRO TIP
Always ensure termination clauses align with business objectives and provide flexibility for unforeseen changes.
Example clauses
FAVORABLE
Preferred Termination for Convenience
"The Parties may terminate this Agreement for convenience by providing the other Party with thirty (30) days written notice. Upon such termination, neither Party shall have any further obligations under this Agreement, except for obligations that expressly survive termination."
NEUTRAL
Standard Termination Notice
"Either Party may terminate this Agreement with sixty (60) days written notice, subject to any surviving obligations."
UNFAVORABLE
Restrictive Termination Clause
"Termination is only allowed upon mutual agreement, with no less than ninety (90) days notice."
Fallbacks
High-Risk Projects
In high-risk projects, ensure termination clauses include detailed transition assistance to mitigate potential disruptions.
International Contracts
For international contracts, consider jurisdiction-specific termination requirements to ensure compliance and avoid legal issues.
Long-Term Agreements
In long-term agreements, include periodic review clauses to reassess termination rights and ensure they remain aligned with evolving business needs.
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