The Influencer Management Contract serves as a foundational document for establishing professional relationships in the growing influencer marketing industry within Austria. This agreement is essential when a management agency takes on the representation of a social media influencer, whether an established content creator or emerging talent. The document addresses crucial aspects including management services, revenue sharing, content guidelines, and compliance with Austrian advertising laws and GDPR requirements. It's particularly important given the complex regulatory environment in Austria regarding digital marketing and social media advertising. The contract provides necessary protections for both parties while establishing clear operational frameworks for brand partnerships, content creation, and performance metrics. It's designed to comply with Austrian commercial law while accommodating the dynamic nature of social media marketing and influencer management relationships.
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1. Parties: Identification of the management company and the influencer, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, brief description of the parties' business activities, and purpose of the management relationship
3. Definitions: Key terms used throughout the agreement, including 'Content', 'Platforms', 'Campaign', 'Deliverables', and 'Brand Guidelines'
4. Scope of Services: Detailed description of management services provided, including content oversight, campaign management, and brand relationship coordination
5. Rights and Obligations of the Manager: Manager's responsibilities including brand negotiations, campaign coordination, and strategic guidance
6. Rights and Obligations of the Influencer: Influencer's commitments, content creation obligations, and compliance requirements
7. Exclusivity and Non-Competition: Terms regarding exclusive representation and competitive restrictions
8. Compensation and Payment Terms: Management fees, commission structures, payment schedules, and expense arrangements
9. Intellectual Property Rights: Ownership and licensing of content, usage rights, and IP protection measures
10. Compliance and Disclosures: Requirements for advertising disclosures, regulatory compliance, and platform guidelines
11. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: GDPR compliance measures and data handling procedures
14. Liability and Indemnification: Risk allocation, limitation of liability, and indemnification obligations
15. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Crisis Management: Procedures for handling PR crises or reputation management issues, recommended for high-profile influencers
2. International Operations: Additional provisions for cross-border activities and international campaigns
3. Content Approval Process: Detailed procedures for content review and approval, useful for highly regulated industries
4. Brand Integration Guidelines: Specific rules for brand collaborations and sponsored content, important for influencers with multiple brand partnerships
5. Performance Metrics: Detailed KPIs and performance evaluation criteria, recommended for performance-based compensation arrangements
6. Social Media Account Management: Provisions for account access, password management, and account recovery procedures
7. Personal Appearance Rights: Additional terms for in-person appearances and events, relevant for influencers who do live appearances
8. Insurance Requirements: Specific insurance coverage requirements, important for high-value contracts or risky activities
1. Schedule A - Compensation Structure: Detailed breakdown of management fees, commission rates, and payment calculations
2. Schedule B - Approved Platforms: List of social media platforms and channels covered by the agreement
3. Schedule C - Content Guidelines: Specific requirements for content creation, including format, quality, and brand safety guidelines
4. Schedule D - Reporting Templates: Standard forms for performance reporting and campaign analytics
5. Schedule E - Existing Brand Commitments: List of pre-existing brand relationships and commitments
6. Schedule F - Compliance Checklist: Detailed requirements for advertising disclosures and regulatory compliance
7. Appendix 1 - Emergency Contact Protocol: Contact information and procedures for urgent situations
8. Appendix 2 - Technical Requirements: Technical specifications for content creation and delivery
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