Using Influencer Marketing Agreements to Collaboratively Build Authentic Brands - Purple Fox Legal

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Using Influencer Marketing Agreements to Collaboratively Build Authentic Brands


By Purple Fox Legal

January 13, 2023

The digital marketing landscape has experienced a radical transformation over the past decade, with influencer marketing becoming a go-to strategy for boosting brand recognition and engagement. There’s no question that influencer marketing is profitable. From 2016 to 2020, the market grew from $ 1.7 billion to $9.7 billion and then skyrocketed to a higher $13.8 billion in 2021. In 2022, the industry reached $16.4 billion!

The impressive expansion of the influencer marketing industry can be credited to the rise in usage of short video formats across various platforms (such as TikTok, Facebook, and YouTube), the impact of Covid-19 on users, which led to an increase in social media engagement, and optimized data collection for more effective marketing campaigns through social media advertisements.

Influencer marketing is an increasingly popular marketing strategy for businesses, and the data shows it. According to a recent survey, 82% of customers have indicated that they are more likely to purchase a product after seeing it recommended by an influencer. Clearly, influencer marketing is a powerful tool. By working with influencers, companies can increase brand awareness, drive customer engagement, and ultimately generate more sales. 

Investing in the right influencer partnerships can provide significant benefits, helping companies reach more customers and grow their business. Finding the right influencer is key to achieving success with this strategy, as it ensures that your message reaches the right audience. With a focused, data-driven approach to influencer marketing, companies can capitalize on the opportunity and make the most of their investments to generate more awareness, engagement, and sales. 

Why Small Businesses Are Making Big Moves with Influencer Marketing

Small businesses are increasing their spending on influencer marketing to support their brands. Companies turn to influencers because they can help them reach new audiences and generate interest in their products or services. These companies typically look for users with 10k or more followers. That takes dedication and time. Recently, Instagram surpassed 2 billion active users, which is a testament to the growth in the social media influencing space.

Influencer marketing benefits small businesses because it can be cost-effective and provide a high return on investment. Influencers often have more engaged followers than traditional advertising, making them an effective way for companies to reach their target audience. Additionally, working with influencers can help establish trust in the brand and build relationships with their target market. Authenticity is an important consideration for many buyers and brands should keep this in mind when choosing an influencer to work with.

Running an influencer marketing campaign can help build a strong online presence. Influencers have the power to affect their followers’ decisions, and by partnering with influencers, companies can gain visibility across numerous digital platforms. Ultimately, working with influencers is an excellent way for small businesses to reach their marketing goals and generate interest in their products or services.

Finding Success with Influencer Marketing Deals

Social media influencers should focus on building relationships with businesses and brands, as well as engaging with their followers. Doing this requires a high-quality presence across the primary social media platforms and creating interesting content that resonates with followers. Influencers should also be active in responding to comments and messages from followers and interacting with other influencers in the same niche. Additionally, it’s important for influencers to be transparent about paid partnerships and never mislead their followers about any products or services they promote. 

Creating measurable results for businesses is essential to gaining more sponsored content opportunities. Influencers should use analytics tools to track engagement metrics such as likes, shares, views, click-throughs, and conversions. By taking these steps, influencers can show potential partners quantifiable value and increase their chances of getting work from businesses. 

It’s also important for influencers to understand the reasons why brands might be interested in working with them. Brands are looking for influencers who have an engaged following that is relevant to their target demographic. Having a large following is not enough. Numbers alone aren’t a good reason for any company to choose an influencer. When an influencer’s followers actively engage with their content and match the target audience of a brand, it indicates a good match. Knowing the types of products or services that brands might be looking to promote can help influencers to pitch themselves effectively and create content that resonates with their desired target audience. 

Ultimately, having an effective strategy for leveraging social media to gain work is essential for influencers. By taking the time to build relationships, create engaging content and use analytics tools, influencers can increase their chances of entering into contracts with businesses. With the right approach, influencers can grow their reach and become successful in gaining more business deals.

Gaining Maximum Value From Working With Influencers as a Small Business

Social media influencers have the power to influence consumer decisions and create powerful campaigns for brands. However, it is important to use best practices when working with influencers in order to ensure that campaigns are successful. 

  1. Research

It’s important to research potential influencers before partnering with them. Look for influencers who have an authentic following that is relevant to your target market. Additionally, make sure the influencer’s content aligns with your brand values and message.

  1. Set Quantifiable Goals

Establish clear goals and objectives before launching a campaign. Set measurable targets to help you track progress and create strategies to reach those goals. Additionally, make sure to clearly communicate expectations with influencers before beginning a campaign.

  1. Create Guidelines

Create guidelines that the influencer should adhere to when posting content. Establish rules about what types of content are acceptable and ensure that there is consistency in the message across all platforms. The goal is for each post to be on-brand and to reflect the company’s values accurately.

  1. Measure KPIs

Finally, establish a means of tracking and measuring success. Monitor comments, likes, views, and overall engagement on posts to measure the effectiveness of campaigns. This data can be used to evaluate whether influencers are meeting goals and building strategies for future campaigns. 

Structuring Influencer Agreements

Specifically, there are three areas businesses should focus on when structuring influencer agreements: negotiation practices, and pricing methodology, and contract provisions

Negotiation practices can be insightful when it comes to influencer marketing. Before entering a partnership, businesses should take some time to negotiate the terms of a collaboration with an influencer in order to get the most bang for their buck. Businesses should be aware of industry standards so they don’t end up overpaying or underselling themselves. The negotiation process can also be an indicator of how well (or poorly) the parties can work together.

Pricing methodology is another critical aspect of influencer marketing best practices. To determine the right price point for your partnership, you must take into account factors like reach, engagement rate, quality of content produced by the influencer, prior marketing campaign performance metrics, and any additional services provided. Once these variables are established, the parties can focus on developing a fair and equitable pricing strategy that meets both of their’ needs.

Finally, putting together a written agreement, businesses can ensure that all relevant information about the collaboration is communicated clearly. This includes details like payment structure, performance metrics, content release dates, and any other pertinent information. It’s also important to make sure that the language of the contract is explicit, so there’s no room for miscommunication or misunderstanding. 

But what language should go into an influencer agreement?

Key Contract Provisions in Influencer Agreements

The main purpose of an influencer agreement, like all other contracts, is to provide clear expectations of all involved parties and remedies in the event one of the parties breaches the contract. 

An influencer agreement should clearly state what the parties have to do, the deadlines for specific acts, measurable goals, and the payment terms. Whether an influencer is receiving free merch or cash money, it’s still a business transaction and should be treated as such. Other items that should be communicated clearly include terms of termination, what constitutes breach or default, what intellectual property is involved, who owns or licenses the different pieces of intellectual property, and the limitations of any licenses. 

Below are some key questions that a comprehensive influencer agreement should answer:

  • Have the full legal names of the parties to the contract been added? 
  • Have the goods and services to be provided been clearly described?
    • What is the quantitative number and type of social media content required?
    • Which platform(s) and through whose account(s) will the social media content be published?
    • Is the influencer required to attend in-person events?
    • What actions does the influencer need to take to satisfy the goals of the marketing campaign?
    • What key performorance indicators (KPIs) will track success of the campaign?
  • What are the specific duties or limitations of each party?
    • Is exclusivity required?
  • Are the payment and billing terms clear?
    • What is the influencer’s base compensation?
    • Is the influencer’s base compensation schedule based on stages of the marketing campaign?
    • Is the influencer entitled to bonus compensation if specific target KPIs are achieved?
    • When and through what method do influencers get paid? 
  • When is the effective date of the contract?
  • What is the term or duration of the agreement?
  • Which party owns the intellectual property being created under the contract?
  • What intellectual property (such as publicity rights, trademarks, and copyrights) is being licensed under the agreement?
  • Which party is responsible for ensuring legal compliance with FTC guidelines and other laws and regulations? 
    • Is the duty of ensuring legal compliance split between the parties?
  • Should a morality clause be included in the contract?

The items listed above do not comprise an exhaustive list, but they’re a good start to what should be considered when negotiating influencer agreements. Also, be sure to check out our blog article highlighting 9 contract drafting tips for entrepreneurs!

Hire Legal Counsel Before Signing an Influencer Agreement

Hiring legal counsel prior to signing any influencer marketing agreement is a critical step that should not be overlooked. Lawyers can help structure an influencer agreement to mitigate risks and educate clients about relevant concepts, including publicity rights, trademarks, and copyrights. With their extensive knowledge and experience, attorneys can help ensure that your influencer agreement contains all relevant terms and provide valuable advice to protect your interests.