Sample of an Agreement with an Influencer

Influencer Social Media Guidelines

The document is intended to provide general information and guidelines only and is not a substitute for legal advice. Since all promotional campaigns must be analyzed on a case-by-case basis for legal compliance, checking with counsel well in advance of the campaign launch date is always recommended.

PR Agency believes in full, fair and effective disclosures of material facts relating to Influencer’s relationship with PR Agency and its clients (“Clients”) in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf). As such, PR Agency requires that all Influencers adhere to the following guidelines (the “Guidelines”) when blogging, tweeting, posting on social media or otherwise publishing content about its Clients or any of its Clients’ products or services.

Disclose Connection to Client - When blogging about Client or Client’s products or services, Influencer must clearly disclose its “material connection” with Client, including the fact that Influencer was afforded any consideration, was provided with certain experiences or is being paid for a particular service. “Material connections” may be defined as any connection between an Influencer and a marketer that could affect the credibility consumers give to that Influencer’s statements. Important examples of “material connections” include benefits or incentives, such as monetary compensation, loaner products, free products or services, in-kind gifts, or special access privileges provided by a marketer to an Influencer.
Maintain Clear and Prominent Disclosure - The above disclosure should be made in close proximity to any statements that Influencer makes about Client or Client’s products or services. This disclosure should be clear and prominent enough for consumers to view it when they are reading Influencer’s posts.