INFLUENCER COLLABORATION AGREEMENT
This AGREEMENT is made on [effective_date] between [brand_name], of [brand_address] (the "Brand"), and [influencer_name], of [influencer_address] (the "Creator").
1. ENGAGEMENT
The Brand engages the Creator to create and publish promotional content on the following platforms: [platforms].
2. DELIVERABLES
[deliverables]
The Creator shall submit each deliverable to the Brand for approval before publication, and the Brand shall approve or request changes within three working days.
3. FEE
3.1 The Brand shall pay the Creator Rs. [fee_amount] for the deliverables.
3.2 The fee is exclusive of Goods and Services Tax where the Creator is registered, and is subject to deduction of tax at source under the Income-tax Act, 1961.
3.3 Where products are supplied in addition to or in lieu of fees, their value shall be treated as consideration and taxed accordingly.
4. MANDATORY DISCLOSURE
4.1 The Creator SHALL clearly and prominently disclose the commercial nature of the content, using a disclosure label such as "#ad", "#sponsored", "#paidpartnership" or "#collaboration", placed where it is plainly visible without the viewer having to expand, scroll or click.
4.2 The disclosure shall be in the same language as the content, and shall appear on every deliverable, including stories and short-form video.
4.3 The parties record that misleading advertisement and non-disclosure of a material connection attract liability under the Consumer Protection Act, 2019 and the guidelines issued under it, and that the obligation is on both the Brand and the Creator.
4.4 The Creator shall not make any claim about the product that the Brand has not substantiated in writing.
5. CONTENT AND INTELLECTUAL PROPERTY
5.1 The Creator retains ownership of the copyright in the content created, subject to the licence granted below.
5.2 The Creator grants the Brand the following rights to reuse the content: [usage_rights]
5.3 Any use by the Brand outside the scope granted, including paid amplification beyond the agreed period, requires the Creator's written consent and may attract an additional fee.
5.4 The Creator shall not use any third-party music, footage or image without the necessary licence, and shall indemnify the Brand against any claim arising from such use.
6. EXCLUSIVITY
The Creator shall not promote a directly competing product or brand for [exclusivity_days] days from the date of the final deliverable. This restriction operates during the agreed period only and does not restrain the Creator's profession thereafter.
7. CONTENT STANDARDS
The Creator shall not publish content that is unlawful, obscene, defamatory, or that disparages any person or competitor, and shall comply with the terms of service of each platform used.
8. TAKEDOWN AND CORRECTION
Where a deliverable is found to be non-compliant, misleading, or the subject of a regulatory objection, the Creator shall amend or remove it promptly at the Brand's request.
9. TERMINATION
Either party may terminate for material breach not remedied within seven days of written notice. On termination the Brand shall pay for deliverables already published.
10. GOVERNING LAW
Governed by the laws of India, with the courts at the Brand's place of business having jurisdiction.
FOR THE BRAND THE CREATOR
[brand_name] [influencer_name]