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Influencer advertising contract template (US)

A general template under US law. Laws differ from state to state, so check it against your state's law or with a lawyer licensed there. We are not a law firm and do not give legal advice.

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Influencer Marketing Agreement

This Agreement is made on Effective Date between Brand Name, a Brand Entity Type and State, at Brand Address ("Brand"), and Influencer Name, at Influencer Address ("Influencer").

1. Campaign

Influencer will create and publish the following content promoting Product or Service:

| Platform and Handle | Content Type and Number | Publish Date |

| --- | --- | --- |

| First Platform and Handle | First Content Type and Number | First Publish Date |

| Second Platform and Handle | Second Content Type and Number | Second Publish Date |

Each post stays live for at least Minimum Live Days days.

2. Fee

Brand will pay $Campaign Fee: Upfront Percent% on signing and the rest within Payment Days days after all content is published. Free products supplied are worth about $Product Value. Influencer is responsible for its own taxes, and Brand may report payments and the value of products on Form 1099 where required.

3. Approval

Influencer will send drafts at least Draft Days days before publishing. Brand may request factual and brand-related changes within Review Days days, and up to Revision Rounds rounds of changes are included.

4. Disclosure and Honest Claims

Under the FTC's Endorsement Guides (16 C.F.R. Part 255), the connection between Brand and Influencer must be disclosed. Influencer will place a clear and hard-to-miss disclosure, such as "#ad" or "Paid partnership with Brand Name", in each post, and will also use the platform's paid partnership tool where available. Influencer will state only honest opinions and real experience with the product. Brand will supply only truthful product claims, and is responsible for having support for them. Influencer will not make health, financial or results claims that Brand has not approved in writing, and will not buy followers or engagement.

5. Content Rights

Influencer keeps ownership of the content. Influencer grants Brand a non-exclusive license to repost and use the content on Licensed Channels, including paid ads if marked here: Paid Ads Yes or No, for License Period after publishing. Influencer confirms that the content is original and that it has cleared any music, images and people shown in it. Influencer may use Brand's name and marks only for this campaign.

6. Exclusivity

For Exclusivity Period from the first post, Influencer will not promote these direct competitors: Named Competitors or None.

7. Reporting

Within Report Days days after each post, Influencer will send the platform's analytics showing reach, impressions and engagement. Brand does not guarantee, and Influencer does not guarantee, any level of sales.

8. Conduct and Termination

Either party may end this Agreement if the other materially breaches and does not cure within Cure Days days after written notice, or if the other's public conduct would reasonably cause serious harm to its reputation. Brand will pay for content already published, and Influencer will refund any amount paid for content not delivered.

9. Independent Contractor; Liability

Influencer is an independent contractor, controls how the work is done, and is responsible for its own staff, taxes and insurance. Nothing here creates employment, partnership or agency. Each party will indemnify the other against third-party claims caused by its own content, claims or breach. NEITHER PARTY IS LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, AND EACH PARTY'S TOTAL LIABILITY IS LIMITED TO THE FEES PAID OR OWED IN THE Liability Cap Months MONTHS BEFORE THE CLAIM, except for payment owed, indemnity for third-party claims, breach of confidentiality, or fraud or willful misconduct.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Brand | Influencer |

| --- | --- |

| Signature: Brand Signature | Signature: Influencer Signature |

| Name: Brand Printed Name | Name: Influencer Printed Name |

| Date: Brand Signing Date | Date: Influencer Signing Date |

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