As a business owner, you may be considering leveraging social media to enhance your business’s engagement and reach. One way to do this is to use social media influencers who have amassed large followings on sites like Instagram. If you are considering engaging a social media influencer to help your own brand, here are three things to keep in mind:
1. Have a written agreement. Even though social media feels informal, entering into an arrangement with an influencer has legal implications and should be governed by a written
agreement. Your Social Media Influencer Agreement should identify the influencer as an independent contractor and describe in detail what each party expects from the relationship. As
with other contracts, you should note compensation, essential dates, and any potential
limitations imposed on the agreement.
2. Protect your intellectual property. A common problem social media influencers run into is
copyright and trademark infringement. In an attempt to attract and engage their audiences,
some influencers use other peoples’ content without getting permission or providing credit. The influencer may then be held liable for taking another’s work. As such, both you and the
influencer should identify who owns the copyrights and trademarks for any of the work created in connection with the agreement.
3. Follow FTC guidelines. The Federal Trade Commission (“FTC”) keeps an eye on how social media influencers endorse various products or services. When working with social media influencers, certain disclosures should be made. For example, if an influencer posts about one of your products, they should use phrases like “#sponsored” or “#ad” to disclose to consumers the existence of a paid arrangement. There are also requirements regarding the placement and size of disclosures. Additionally, the FTC regulates false or misleading statements on social media. Be sure any information posted on behalf of your brand does not contain any false or misleading information that could open the door to defamation lawsuits, deceptive trade practices lawsuits, and the like.
Check out our Social Media Influencer Agreement in the Templates Shop!