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Influencer & Brand Ambassador Agreement

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Parties & Campaign Overview›Deliverables & Content Requirements›Content Review & Approval…

Parties & Campaign Overview11 questions

1. What type of business entity is the company entering into this document?

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2. What state is the brand's principal place of business?

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3. What is the full legal name of the brand or company?

4. What is the brand's business address?

5. What is the brand's primary contact email for this campaign?

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6. What is the influencer's full legal name?

7. Does the influencer operate through a business entity (LLC, S-corp, etc.)?

8. What is the influencer's primary social media handle or channel name?

9. What type of influencer relationship is this?

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10. What is the name or description of this campaign or ambassador program?

11. What products or services will the influencer be promoting?

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Deliverables & Content Requirements6 questions

12. On which platform(s) will the influencer post content?

13. List each required deliverable by platform and content type

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14. Are there global caption, hashtag, link, or promo code requirements that apply to all deliverables?optional

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15. Are there required talking points, key messages, or claims the influencer must include?

16. Are there any topics or content types the influencer is prohibited from including?

17. How long must the influencer keep the content posted (minimum live duration)?

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Content Review & Approval1 question

18. Must the influencer submit content for brand approval before posting?

Compensation & Payment2 questions

19. How will the influencer be compensated?

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20. When will the influencer be paid?

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Gifted Products1 question

21. Does the influencer keep the gifted products after the campaign?

Content Ownership & Usage Rights6 questions

22. Who will own the copyright in the content the influencer creates?

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23. Where can the brand use the influencer's content?

24. For how long can the brand use the influencer's content?

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25. Is the brand authorized to run paid ads using the influencer's account (whitelisting / dark posting / Spark Ads)?

26. What rights does the brand receive to use the influencer's name, image, likeness, handle, voice, and persona?

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27. Will content include any third-party music, stock footage, fonts, artwork, brand logos, or other third-party materials?

Exclusivity1 question

28. Will the influencer be subject to any exclusivity restrictions?

FTC Disclosure & Compliance5 questions

29. What disclosure language must the influencer use?

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30. Does this agreement include any video content (YouTube, TikTok, Instagram Reels, Shorts, Stories, livestreams, or any video format)?

31. Who bears FTC liability for non-compliant disclosures or unauthorized claims?

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32. Are any product claims regulated or subject to substantiation requirements (health, wellness, financial, safety, efficacy, or earnings claims)?

33. How quickly must the influencer correct a missing or non-compliant disclosure after notification?

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Morality Clause & Brand Safety2 questions

34. Should the agreement include a morality / brand safety clause?

35. Should the agreement include mutual non-disparagement obligations?

Performance Metrics2 questions

36. Does this agreement include any performance-based bonuses or incentives?

37. Is the influencer required to provide the brand with post analytics?

Independent Contractor & Tax4 questions

38. Will the brand require the influencer to provide a W-9 (or W-8 for international payees) before payment?

39. Will the brand reimburse the influencer for any production expenses?

40. Should the agreement expressly state that the influencer is an independent contractor and not an employee, agent, partner, or joint venturer?

41. Will the influencer receive, collect, or have access to personal data, customer information, discount-code data, tracking analytics, or platform audience data?

Term & Termination6 questions

42. When does this agreement begin?

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43. When does this agreement's campaign term end?

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44. Can either party terminate the agreement early without cause?

45. What breaches entitle a party to terminate immediately (without a cure period)?

46. What happens if illness, platform outage, product delay, natural disaster, or other force majeure event prevents performance?

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47. After termination, what happens to content, payment, usage rights, exclusivity, and pending posts?

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Dispute Resolution4 questions

48. Which state's law will govern this agreement?

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49. How should disputes be resolved?

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50. Should the prevailing party in a dispute be entitled to recover attorneys' fees and costs?

51. Will this agreement be signed electronically (DocuSign, HelloSign, or similar)?

Confidentiality2 questions

52. Will either party have confidentiality obligations regarding campaign terms, compensation, products, launch dates, or unreleased information?

53. May either party publicly announce the brand-influencer relationship (outside the required deliverable posts)?

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Risk Allocation3 questions

54. What indemnity obligations apply between the parties?

55. Should either party's liability be capped?

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56. Should indirect, consequential, lost profits, or reputational damages be waived?

General Terms3 questions

57. May either party assign this agreement or delegate performance?

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58. If this agreement, a campaign brief, an SOW, platform terms, or email instructions conflict, which controls?

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59. How can deliverables, deadlines, compensation, or campaign terms be changed after signing?

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