How to sign an agreement for advertising with a blogger
The power of influencer marketing is so great that you want to start working with your favorite influencer as soon as possible. But before you do that, do your prep work and sign an agreement with the blogger to determine the terms of your working relationship. After all, this is the only way to ensure that you get exactly what you expect from cooperation.
What is an advertising contract with a blogger
An advertising contract with a blogger is a legally valid agreement between the parties that sets out the terms of the working relationship between the marketer and the influencer. The document covers all aspects of cooperation, thereby helping to direct it in the right direction and avoid possible complications in the future.
The agreement enables both parties to understand their responsibilities. A typical blogger contract usually includes the following points:
- Information about content expectations (number of posts, their format, time of publication).
- Project details, such as information on what theses and hashtags the blogger should use.
- Information about the reward for posting content and whether or not it is related to the success of the project.
- Clearly spelled out rights and obligations of the parties.
- Acknowledgment of possible legal liability for failure to comply with the terms of the contract.
Formally, a blogger contract is a clear action plan, written on paper, which guarantees a profitable partnership and meets the expectations of both parties.
Of course, you can negotiate the terms orally, but in this case, you can only hope for professionalism and honesty. Moreover, there is always a risk of being misunderstood, receiving content with a different emotion or the wrong format.
Why is it important to conclude an agreement with a blogger before starting cooperation
Before placing an advertisement on Instagram or any other social network, you should definitely take care of concluding a contract. Influencers and brands invest a lot of money and time in collaboration, and only an advertising contract can guarantee that all efforts will not be wasted.
Agreement is a discipline that guarantees that the advertiser will receive the content in the form in which it was agreed, and the blogger will receive the promised reward. In addition, a written agreement will help to avoid many misunderstandings in cooperation. Breaking publication deadlines, putting a brand in an inappropriate light, using low-quality or non-unique content are just some of the few potential problems when advertising through influencers.
It is important to understand that advertising material is always a product of intellectual property. The contract allows you to establish the rights to this product. For example, if a brand would like to use the content released by a blogger as part of an advertising collaboration in the future, a clause can be included in the contract that would transfer the rights to use it and the amount of remuneration to the advertiser. Similarly, a clause may be included in the agreement prohibiting the blogger’s use of advertising content in the future.
Before starting cooperation, we recommend checking the blogger for cheating through trendHERO. The service provides 90+ metrics for account analytics, including audience quality,% engagement, geolocation, gender, and more.
What clauses the contract for advertising placement should contain
An agreement for promotion on Instagram or another social network must contain clearly defined rights and obligations of the parties, as well as the consequences for non-compliance.
First, the contract must clearly state the requirements for advertising content and its placement:
- date and time of publication;
- agreements on who is involved in the creation of the content;
- the terms for which the advertisement is placed;
- compensation and payment methods.
Secondly, the agreement must guarantee that the publication will be posted on the selected account. To do this, the contract should clearly identify the account and ask the blogger to confirm that the account really belongs to him and he has the technical ability (access to the account) to advertise on it.
Thirdly, it is important to stipulate the blogger’s responsibility for default on his part in the contract.
Fourthly, the contract must include a clause that would ensure that the advertising materials created by the blogger do not violate the copyrights of third parties.
Fifthly, the contract should definitely include additional responsibilities of the blogger, if any are required of him. For example, communicate with users under the post, attract attention in the comments, and so on.
How to create an advertising contract
Advertising cooperation agreement with an influencer differs depending on the goals of the project and the parties to the agreement. In each case, the contract must be adapted to the situation and the specific advertising campaign, but the general principles for creating a contract always remain unchanged and include the following points.
Identification of parties
Write down the name of the influencer you are ordering from and your brand name as the referring customer. The contract should also identify the accounts in which the advertisement will be placed. The fact is that many bloggers maintain pages on several social networks at the same time, while a brand chooses an influencer directly by his style and audience on the site. And here disagreements can arise.
Write down the duration of the agreement
Set the effective date and the end date for cooperation. Influencer marketing is most effective when working with an influencer for a long time. Therefore, if you plan to cooperate not within the framework of a one-time placement, be sure to stipulate and write down this item.
Set your content requirements
Each influencer has his own unique “handwriting” that made him popular. No one will argue that it is a blogger who knows better than others how to influence his audience and create attractive content for it, but you should not rely solely on the influencer’s improvisation.
An advertiser must strictly prescribe his content requirements:
- post style;
- number and size of publications;
- the need to place certain links, hashtags.
A contract is a great opportunity to clearly articulate what kind of content you want to receive. At this point, you can describe in detail what theses should be used when writing posts, and what should not be included in them for advertising to be effective.
If you plan to use the materials obtained as a result of cooperation in the future, then it is rational to include in the agreement the requirements for text size, image extensions, video length, taking into account the peculiarities of the platforms on which the content will be posted in the future.
Content requirements are usually discussed at a creative briefing and then included in writing in a contract.
Posting time and posting dates
The time of publication directly affects its distribution among the audience, which plays an important role in the effectiveness of marketing promotion. Therefore, the parties must agree on the exact time of posting, and write it down in the contract.
The contract also stipulates the date, before which the blogger has no right to independently remove the post.
Write down a clause in the contract obliging the blogger to show the draft of the post before it is posted, as well as the conditions and terms of the preliminary display. This will help ensure that your ad post meets your expectations, shares your brand values, and is executed in the right tone.
Register additional services
An advertiser needs to be as specific as possible about the services he wants from an influencer. Describe in detail any additional responsibilities that a blogger must meet. For example, whether he should respond to user comments under the publication, the order of responding to questions or working out negativity.
Cost and terms of payment
One of the clauses of the agreement should clearly state the amount of payment and methods of transferring funds. Payment options vary. Most often, there is a fixed price per publication. In this case, the amount for one or several posts that meet the requirements set out in the contract is clearly stated.
If you cooperate on barter, or are ready to share the benefits from actually attracted clients, write in detail what exactly the blogger will receive from cooperation.
Enter clauses in the contract describing how and for what details the compensation will be paid. For example, if you first give an advance, then write down its amount and the conditions for transferring the balance.
Proofs of Success
In most cases, in order to show the statistics of a post, a blogger will need to provide access to indicators that are available exclusively from their personal account. Be very clear about what kind of information you want to receive as a result of your ad campaign. After the end of cooperation, you can no longer claim this data.
By default, all content rights are held by the blogger, but a clause can be included in the agreement to allow the advertiser to republish and use the resulting advertising materials.
Force majeure and penalties
Write down in the agreement the reasons for terminating the agreement and the penalties that will be imposed on the parties in case of violation of the current agreement.
For example, if a blogger violates the terms of posting, this will help to get back the money spent.
Agreement with rights, obligations, and signatures of the parties
For the agreement to be legally binding, the parties to the agreement must familiarize themselves with the established rights and obligations, as well as confirm their agreement with it by putting their signatures.
How to conclude an agreement with a blogger
For the contract to come into legal force, it must be signed by both parties. But don’t panic. Of course, you don’t have to travel to Moscow to sign an agreement with a Moscow blogger. But in general, such a possibility is also present.
Today, most contracts are concluded in electronic format. The algorithm of actions in this case is as follows:
- The advertiser, using instructions or templates, draws up a contract adapted to his advertising campaign, or asks for help from lawyers.
- The Agreement is sent electronically to the blogger by any convenient means of communication (email, WhatsApp, Direct, etc.).
- Each of the parties prints out their contract and signs it by hand.
- Then the document should be photographed or scanned, the resulting file is sent to the second party.
A contract signed in this format will be recognized as valid, despite the absence of the original.
Examples of contracts
Given the importance of the contract, the responsibility for drafting it is often shifted onto the shoulders of a professional lawyer. But you can draw up a contract yourself, adapting ready-made templates for your goals.
In most cases, an advertiser and a blogger cooperate under a service agreement. You can download it here. In the relevant sections of the template, describe in sufficient detail the services expected from the blogger, their cost and deadlines.
Example of Writing an Influencer Services Contract:
Influencer marketing can be extremely effective in building brand awareness and driving sales. However, there are many factors to consider when engaging opinion leaders. Better yet, write them down in detail in the terms of the contract. Drafting a contract should be an integral part of any collaboration with influencers. This will help to protect legally and eliminate possible misunderstandings.