The Influencer Barter Agreement is designed for businesses operating in India who wish to collaborate with social media influencers through non-monetary compensation arrangements. This document has become increasingly important with the rise of influencer marketing and the introduction of strict regulatory guidelines by the Advertising Standards Council of India (ASCI). It provides a legal framework for exchanging products or services for social media promotion while ensuring compliance with Indian advertising laws, consumer protection regulations, and platform-specific requirements. The agreement is particularly relevant in cases where brands want to establish relationships with emerging influencers or test influencer partnerships before committing to paid collaborations. It includes essential provisions for content rights, delivery timelines, compliance requirements, and brand safety measures, all within the context of Indian contract law.
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1. Parties: Identification of the brand/company and the influencer, including their legal names, addresses, and social media handles
2. Background: Context of the agreement, brief description of the brand and influencer's business/following
3. Definitions: Key terms used in the agreement including 'Deliverables', 'Campaign', 'Platform', 'Content', 'Products/Services'
4. Scope of Services: Detailed description of the influencer's obligations and deliverables
5. Product/Service Details: Description of the products or services being provided as barter
6. Content Requirements: Specifications for content creation, including type, quality, and brand guidelines
7. Compliance Requirements: ASCI guidelines compliance, disclosure requirements, and platform-specific rules
8. Delivery Timeline: Schedule of content delivery and campaign duration
9. Rights and Licensing: Intellectual property rights, content usage rights, and licensing terms
10. Representations and Warranties: Statements about authority, authenticity of following, and compliance with laws
11. Term and Termination: Duration of the agreement and conditions for termination
12. Confidentiality: Protection of confidential information shared during the campaign
13. General Provisions: Standard clauses including notices, entire agreement, governing law, and jurisdiction
1. Exclusivity: Restrictions on working with competing brands - include when exclusive partnership is required
2. Performance Metrics: Specific KPIs and measurement criteria - include for performance-based arrangements
3. Content Approval Process: Detailed review and approval workflow - include for brands requiring strict content control
4. Crisis Management: Procedures for handling negative publicity - include for high-profile campaigns
5. Additional Platform Requirements: Platform-specific guidelines - include when campaign spans multiple platforms
6. Content Storage and Archival: Requirements for maintaining content records - include for regulated industries
7. Morality Clause: Behavioral standards and consequences - include for long-term partnerships
1. Schedule A - Product/Service Description: Detailed specifications of products/services being provided as barter
2. Schedule B - Content Guidelines: Brand guidelines, messaging requirements, and creative direction
3. Schedule C - Delivery Schedule: Detailed timeline of deliverables and posting schedule
4. Schedule D - Compliance Checklist: List of required disclosures and compliance requirements
5. Appendix 1 - Platform-Specific Requirements: Technical specifications and guidelines for each social media platform
6. Appendix 2 - Sample Disclosures: Approved disclosure language and formats for different platforms
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