
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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Influencer template
(with service company)
2022
Prepared by
5 Chancery Lane
Clifford’s Inn
London EC4A 1BL
Tel: +44 (0)20 7074 8000
INTRODUCTION
The rise and explosion in popularity of the use of influencer marketing by brands has been nothing short of a cultural and social phenomenon in the last few years. There is no doubt that influencers have opened the doors to a new form of highly effective marketing for most brands.
In 2016, ISBA and Lewis Silkin worked together to create an industry first template for use by brands when contracting with social influencers. It has been well received by brands and influencers alike to help deal with some of the more unique contracting challenges when contracting with influencers.
6 years on from the launch of the first ISBA influencer templates, and in recognition of how the influencer space is evolving, ISBA and Lewis Silkin have worked together again to create some updates to the influencer template, which brings in some new clauses to take into account the new ISBA Influencer Marketing Code of Conduct.
We also have a micro-influencer template which is intended to be used for smaller one-off campaigns with micro-influencers, and sits alongside the suite of longer form influencer templates, The longer form influencer templates are still intended to be used as a useful starting point for drafting and negotiating longer, higher value campaigns. These templates are also useful when talent contract via their service company or talent management agency.
As ever, the suggested terms are not set in stone, and are merely intended to give ISBA members good drafting tools and options when contracting with influencers. Not all clauses will be applicable to all partnerships, and many will depend on the type of campaign and type of influencers being used. Wherever possible, we have added drafting notes in comments next to the clauses to give guidance when using the suggested terms.
Thank you to all the brands and representatives who have given their time to feedback comments on the suggested terms. Given that this industry is evolving at a rapid pace, this template is likely to benefit from updating in the near future. Do keep sending us your feedback on the template, and we will endeavour to update the suggested terms on a regular basis.
Jo Farmer, Joint Head of Digital Commerce & Creative , Lewis Silkin LLP ([email protected])
July 2022
DATED [ ]
[NAME OF LENDER] for the services of [talent] and [name of CLIENT] |
AGREEMENT FOR APPOINTMENT OF influencer (via a lender/service company) |
CONTENTS
1Definitions & Interpretation5
5talent and lender obligations6
7labelling of deliverables and compliance with laws and isba code of conduct8
17[Option to extend usage period ]16
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