The Influencer Agency Agreement is essential in today's digital marketing landscape in India, where influencer marketing has become a crucial component of brand promotion strategies. This document is specifically designed for use when establishing a formal relationship between influencer marketing agencies and social media influencers, operating under Indian jurisdiction. It addresses key aspects such as scope of services, compensation, content rights, and regulatory compliance, particularly with ASCI guidelines and Indian digital marketing regulations. The agreement becomes necessary when agencies seek to professionally represent influencers, manage their brand collaborations, and ensure compliant content creation. It includes provisions for both parties' obligations, performance metrics, payment terms, and dispute resolution mechanisms, all aligned with Indian contract law and digital advertising standards.
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1. Parties: Identification of the Agency and the Influencer with full legal details
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of influencer marketing services to be provided
5. Term and Appointment: Duration of the agreement and nature of the appointment
6. Agency's Rights and Obligations: Responsibilities and duties of the agency
7. Influencer's Rights and Obligations: Responsibilities and duties of the influencer
8. Content Guidelines and Approval Process: Process for content creation, approval, and posting
9. Compensation and Payment Terms: Fee structure, payment schedule, and related terms
10. Intellectual Property Rights: Ownership and usage rights of created content
11. Confidentiality: Protection of confidential information and trade secrets
12. Representations and Warranties: Parties' assurances about their capacity and authority
13. Compliance with Laws: Adherence to advertising laws and disclosure requirements
14. Termination: Conditions and process for ending the agreement
15. Dispute Resolution: Process for resolving disagreements between parties
16. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Exclusivity: Terms regarding exclusive representation, used when agency requires exclusive rights
2. Performance Metrics: Specific KPIs and metrics, used for performance-based agreements
3. Insurance: Insurance requirements, used for high-value or high-risk campaigns
4. International Operations: Additional terms for cross-border activities, used when operating internationally
5. Crisis Management: Procedures for handling PR issues, used for high-profile influencers
6. Data Protection: Specific data handling requirements, used when collecting user data
7. Non-Compete: Restrictions on working with competitors, used for strategic partnerships
8. Force Majeure: Provisions for unforeseen circumstances, used in long-term agreements
1. Schedule 1 - Service Specifications: Detailed scope of services and deliverables
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment terms
3. Schedule 3 - Content Guidelines: Specific requirements for content creation and brand guidelines
4. Schedule 4 - Approved Platforms: List of social media platforms and specific requirements for each
5. Schedule 5 - Reporting Templates: Format and frequency of performance reports
6. Appendix A - Brand Safety Guidelines: Specific dos and don'ts for brand protection
7. Appendix B - Compliance Checklist: ASCI and other regulatory compliance requirements
8. Appendix C - Emergency Contact Protocol: Contact details and procedures for urgent situations
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