Benedikt
Why are contracts so important for collaboration?
Influencer marketing is here to stay and is becoming increasingly important. More and more brands are working with creators in-house, but without a solid legal basis, things can quickly get messy. Whether micro or macro influencers: contracts are the backbone of any professional collaboration and require careful planning and implementation. Only in this way can all parties involved be sure that all details of a collaboration are set out in writing and can be invoked in the worst-case scenario.
Even though we at IROIN® by Stellar Tech cannot offer legal advice, today we are giving you an overview of what should not be missing in a cooperation agreement.
1. clear definition of "content" saves stress!
Whether Reel, Story or TikTok: The contract should state exactly what will be produced and posted. Ideally with channel linking and number of contents as well as any agreements regarding the integration of links. This way, there are no misunderstandings - and no discussions along the lines of "I thought that was optional!". The note that briefings can be part of the contract should be included, especially if you only send the briefing at a later date.
👉 Tip: Not all content is the same. Explain clearly what falls under text, image, video, etc. - preferably directly in the contract so that you explain it uniformly for all creators. In the briefing, you then go into the content orientation of the content.
2. regulate correction loops & approvals before it burns!
Sure, creative freedom is important and right and you should definitely avoid writing detailed scripts in contracts or briefings that tie the creator into a tight corset of specifications. But nothing is more annoying than unnecessary extra rounds and subsequent adjustments to no-goes that you considered to be the minimum from the outset. As soon as a post is online, it only makes sense to take it offline again for adaptation in absolute exceptions.
Define contractually in advance how many correction loops are allowed and that only content that has been explicitly approved is actually considered to have been accepted. Two feedback loops for content approval are an acceptable standard.
3. performance data: What needs to be delivered?
No reporting, no learning, so you can keep optimizing your campaigns. With the Campaigning module from IROIN® by Stellar Tech, you can already track and report a lot of data automatically for Instagram, TikTok and YouTube. Nevertheless, you should also contractually regulate the sending of insights so that you can also access data that is not publicly available. Deadlines for sending should be defined as well as what exactly you need - it is common to receive screenshots, ideally within 14 days of posting.
4. Clearly regulate remuneration content usage rights!
The remuneration should be regulated transparently in advance - including the net amount, payment deadline and other agreements if necessary.
Important: Also define the rights to use the content! Creators often grant simple rights of use - unlimited in terms of location and time. But not exclusively and not transferable without consent. Simple rights of use often do not stand up in court, so a narrow definition makes sense in order to be protected for a later potential legal dispute.
5. Non-compete clause: exclusivity is not a given
A classic but often forgotten point: No competitor products should be shown for two weeks before and after the campaign. Sounds harsh, but it's a legitimate protection for your brand and, to be honest, for the creator too. And: the clearer the competitor brands are named in the contract, the easier it is to implement the collaboration and the easier it is for an influencer to agree or renegotiate. Keep in mind that the more exclusivity you want, the more a management or creator can and will want to negotiate for you, as other partners are then potentially blocked.
6 What happens if you don't succeed?
Sometimes content simply does not perform as planned and this is not necessarily due to the creator or the content. Algorithms are less predictable than some would have you believe and yet prices are often measured against certain target values such as CPMs. To avoid unnecessary surprises afterwards, it is worthincluding a provision for performance fluctuations : e.g. compensation through additional content if the reach is, for example, 20% below the data previously sent. This creates reliability and more predictability - for both sides.
7 Don't forget data protection and confidentiality!
The following also applies to collaborations with creators: personal data such as contact information and insights must be processed properly and the signing party must be informed about what happens to their data. In addition, such formalities and confidentiality clauses protect against the improper disclosure of sensitive information such as briefings or agreements that are still secret. If necessary, an NDA should also be attached to the contract if certain aspects in particular need to be clarified.
Once set up, then easily implemented
This is how the importance of a good template for cooperation agreements can be summarized in a nutshell. For a first easy start, you can only do a lot of things right when following these seven main tips. Make minor (or major) adjustments and then file the agreements directly in our Influencer Marketing Suite, for example, so that everyone in the team is immediately aware of them. This will help you avoid mistakes that many in the industry make at the beginning and have to pay dearly for.