When you create a new campaign as a company, follow the steps in the Campaign Wizard. This consists of 6 steps, in which the last step focuses on the cooperation agreement. This is an agreement between brand and influencer, with which both parties confirm that they will work together during the relevant campaign.
Influentials has drawn up basic regulations that provide clarity about the most important rights and obligations of influencers and brands during their collaboration. These regulations include the following:
Influencer must carry out the campaign as stated in the briefing. The mentioned hashtags and mentions should be used. The influencer must carry out the assignments himself and may not look for a replacement. For example, it is not allowed when influencers exchange a photo or video for a campaign. The reward is stated in the campaign overview.
The brand or agency may change the assignments when the campaign is already running. If the influencer does not agree with the changes, he / she should consult with the brand. If both parties cannot reach an agreement, the help of Influentials can be called in.
Unless stated otherwise in the briefing, the influencer may not archive the mail for a period of at least 6 months. This agreement does not appoint an influencer as a brand ambassador.
The intellectual property rights
The intellectual property right of the social media communications belongs to the influencer. The brand or Influentials may always repost the created content of the influencer, provided that the name of the influencer is mentioned.
During the campaign, the influencer is not allowed to promote products or services that are comparable in the broadest sense to the products and services of the brand with which they are partnering. The duration indicated by the brand in the campaign overview applies for this. If this is missing, the duration of the campaign applies. This does not apply if the influencer is active in a certain niche, for example fashion. In that case, an influencer can support products or services that are similar to the products and services he or she has supported for a brand or agency.
Information and / or documentation of the campaign should be considered confidential. This material may not be made available to third parties without the consent of the other party. Parties and their personnel will take all necessary precautions to protect the information from unauthorized use and disclosure. When confidential information must be disclosed due to a court order or governmental decree, this section does not apply. The influencer generally refrains from actions that could damage the reputation and / or name and / or products and / or services of the brand or agency and will not comment negatively on the assignment or campaign.
Duration and Termination
The collaboration will start and end as stated in the campaign briefing. Each party has the right to immediately terminate this cooperation agreement in the event that:
- The other party has been declared bankrupt by the court or bankruptcy is filed for the other party.
- The other party has been granted a suspension of payments from the court or a suspension of payments has been filed for the other party.
The termination of this cooperation agreement will not expressly release the parties from our increased confidentiality, intellectual property rights, applicable law and dispute resolution.
Liability and insurance
The influencer insures himself adequately for material damage and physical injury. He / she is responsible for assessing whether the risks of the assignment are worth the reward.
The influencer is entitled to the reward as stated in the campaign briefing, provided that:
- The assignment is completed at the set time as agreed in the briefing.
- The assignment has been completed according to the other guidelines in the briefing.
Applicable Law and Disputes
This cooperation agreement and the applied general terms and conditions have been drawn up in accordance with Dutch law. All disputes arising from or in connection with this cooperation agreement will be submitted exclusively to the competent court in Rotterdam. Unless the Subdistrict Court has been designated by law, in which case the disputes will be submitted to the Subdistrict Court appointed by law. Influentials is always willing to mediate between parties free of charge in the event of a dispute.
Matters not included in the basic regulations
It is often desirable for brands / agencies to check the content of the influencer before it goes live. This way you avoid disagreements about the delivered content and you can consult with the influencer to adjust the content. It is most common to indicate in the briefing that you would like to receive the content for placement in Influentials Messenger. Clearly indicate a date here. This way you prevent influencers from sending their content too late.
Unlimited buy out (for how long?)
The agreement states that the reposting of content by a brand is allowed, provided the creator is mentioned. Sometimes a brand wishes to use the created content of the influencers for commercial purposes. This includes, for example, using a photo of an influencer in an advertisement on Instagram or in a newsletter to customers. This should be explicitly included in the agreement with the influencer by the brand.
As mentioned earlier, influencers are not allowed to collaborate with competing parties during a campaign, with the exception of niches such as fashion. To avoid confusion, it is wise to include as a brand who is seen as these competing parties. In addition, it must be explicitly stated in the briefing and / or agreement for how long the non-competition clause applies, otherwise the duration of the campaign applies by default.
Other (company) guidelines
As a company you have the freedom to contractually record other agreements that are important for your organization or brand. The clearer the agreements are made, the greater the chance of a pleasant collaboration. If you have any doubts about how best to record your company (guidelines) in the agreement, let us know via the Influentials chat on our website.
A number of other conditions that can improve the collaboration between you as a brand and the influencer are:
A deal is a deal: consequences of not being able to come to an event
Communication: respond / preferences / pass on order within x days
Content check: indicate the date for when the content must be sent for approval