INFLUENCER & AFFILIATE MARKETING AGREEMENT

1. Parties & Appointment

This Agreement is entered into as of [EFFECTIVE DATE] between [ADVERTISER NAME] (“Advertiser”) and [INFLUENCER/AFFILIATE NAME] (“Creator”). Advertiser appoints Creator as a non-exclusive marketing partner to promote the Products described in Schedule A.

2. Campaign Scope

2.1 Deliverables. Creator shall produce the content set forth in Schedule B (e.g., social posts, blog articles, videos, livestreams).
2.2 Platforms. Campaign platforms include [PLATFORMS]. Creator must comply with each platform’s terms of service.
2.3 Timeline. Deliverables must be published on or before the deadlines in Schedule B.
2.4 Approval Rights. Advertiser may require pre-publication review within [DAYS] days of submission. If no response, content is deemed approved.

3. Compensation

3.1 Fees. Advertiser shall pay Creator the fees in Schedule C (e.g., flat fee, per-post fee, CPA, commission).
3.2 Affiliate Tracking. Unique tracking links or codes shall be provided. Creator shall not manipulate tracking or engage in fraudulent traffic.
3.3 Taxes. Creator is responsible for all taxes arising from compensation.

4. Content Standards & Brand Guidelines

• Follow brand style guides, messaging pillars, and restricted topics.
• Prohibit content containing hate speech, illegal activity, or misleading claims.
• Comply with applicable advertising, privacy, and consumer protection laws.
• Include required disclaimers for health, financial, or other regulated products.

5. Disclosure Requirements

5.1 FTC Compliance. Creator shall provide clear and conspicuous disclosures of material connections using approved language (see Annex A).
5.2 Placement. Disclosures must appear at the beginning of captions, within videos (verbal + onscreen), and within first three lines of blog posts.
5.3 Live & Audio Content. Repeat disclosures periodically during live streams, podcasts, or audio content.
5.4 International Audiences. Include additional disclosures when targeting audiences in jurisdictions with stricter rules.
5.5 Monitoring. Advertiser may request screenshots or analytics demonstrating compliance.

6. Intellectual Property

6.1 Ownership. Creator retains ownership of pre-existing IP; Advertiser receives a license to use campaign content per Schedule D.
6.2 License Grant. Creator grants Advertiser a non-exclusive, royalty-free, worldwide license to use content for [TERM] on specified channels.
6.3 Usage Restrictions. Advertiser shall not modify content in a manner that misrepresents Creator’s endorsement without consent.

7. Representations & Warranties

Creator represents that content will be original, lawful, and not infringe third-party rights. Advertiser represents that product claims are substantiated and compliant with law.

8. Indemnification

• Creator indemnifies Advertiser for claims arising from Creator’s breach of this Agreement, including disclosure failures.
• Advertiser indemnifies Creator for product liability or false advertising claims arising from Advertiser-provided claims.
• Each Party shall promptly notify the other of any claim and cooperate in defense.

9. Confidentiality

Maintain confidentiality of campaign briefs, performance data, and customer information. Destroy or return confidential materials after campaign completion.

10. Term & Termination

10.1 Term. This Agreement commences on the Effective Date and continues through [END DATE] unless terminated earlier.
10.2 Termination for Cause. Either Party may terminate for material breach after [DAYS] days’ notice if uncured.
10.3 Morals Clause. Advertiser may terminate immediately if Creator engages in conduct that harms Advertiser’s reputation.
10.4 Effect of Termination. Creator shall remove or mark content as “ended partnership” upon request and cease use of Advertiser IP.

11. Compliance Monitoring & Reporting

• Provide performance reports (impressions, clicks, conversions) per Schedule E.
• Advertiser may request removal or correction of non-compliant content.
• Creator shall respond to compliance inquiries within [HOURS] hours.

12. Miscellaneous

Include clauses covering governing law, assignment, independent contractor status, notice, force majeure, publicity rights, and dispute resolution.

Schedules & Annexes

• Schedule A: Products/Services Promoted
• Schedule B: Deliverables & Timeline
• Schedule C: Compensation & Payment Terms
• Schedule D: Content Usage License
• Schedule E: Reporting & Analytics Requirements
• Annex A: FTC Disclosure Playbook (sample captions, hashtags, verbal scripts)
• Annex B: Platform-Specific Requirements (TikTok, Instagram, YouTube, Twitch)
• Annex C: Morals Clause Event Examples & Response Matrix

[// GUIDANCE: Maintain records of disclosures and communications for at least [YEARS] years.]