Step 3: Engage your content creator or influencer

Once you have decided to engage with a content creator/influencer, you must ensure there is a written agreement in place between the influencer/content creator and your entity.

Written agreements with influencers/content creators should include:

• clear expectations and deliverables
• agreement on which social media platform(s) will be used
• agreement on how long the Influencer/Content Creator will be engaged with your campaign
• how long the influencer/content creator will carry relevant campaign content on their social media accounts
• clear terms covering what happens if an influencer breaches the contract
• clear terms regarding intellectual property rights, moral rights, and any licenses required by the entity, including whether the influencer is permitted to use campaign content outside of the parameters of the campaign. It is important to seek legal advice on these terms, specific to your agreement
• the appropriate course of action if the influencer incurs reputational damage, as determined by the entity, or engages in conduct or publishes content that may negatively impact the entity’s reputation
• compliance and brand safety measures
• requirements for disclosing the relationship between the influencer and your entity. To avoid misleading consumers, and to comply with Australian Consumer Law, the influencer must explicitly disclose in their posts that the content is a partnership with the entity - e.g. #ad or #paidpartnerships. These disclosure requirements should be written into the contract between the entity and influencer.
• clear terms allowing the entity to review/approve content before it is posted/published by the influencer. The entity will potentially be legally co-responsible for any false or misleading claims published in posts they sponsor.

Consult with your entity’s legal team prior to sending the Influencer the written agreement.