Influencer Contracting: Getting the Benefit of the Bargain

Learn best practices for contracting influencers.

Influencers are taking a more visible and pivotal role in marketing and promoting a company's products and services. This segment is growing as an advertising model, while conventional advertising platforms are diminishing. Yet, many companies have yet to place much of a focus on influencer contracts as a means of ensuring maximum value and results, while mitigating risks - including reputation risk. Some recent disputes and the resulting litigation have brought influencer contracts into the crosshairs, raising heightened concern over the extent to which influencer contracts are often nothing more than a virtual handshake. As the adverse consequences of these arrangements become more common, the contracting professional must ask and answer some key questions. How can one source, vet and select the optimal influencer? Is this a results-based contract? If so, what is the key outcome? What is the scope of the work and the focus on the product/brand? Who has editorial override on the influencer's content?