Brand Sponsorship & Influencer Service Agreement

While larger brands and agencies typically prefer to use their own templates, creators should always feel empowered to present their own agreement first. Having your own contract establishes your professionalism and ensures your intellectual property and payment terms are protected from the outset. If the brand insists on using their document, you can use your contract as a checklist to negotiate fair amendments.

Whitelisting, also known as creator licensing, is when a brand gains advertiser access to run paid ads through the creator's social media profile. This must be negotiated as a separate, paid line item in your contract with a strict expiration date. The clause should specify that the brand cannot modify your organic profile, use your likeness outside the agreed campaign, or retain access once the term ends.

Your contract should include a late payment clause that charges a specific interest rate, such as 1.5% per month, on any overdue invoices. Additionally, you should include a clause that suspends the brand's license to use or display your content if they fail to pay on time. If a brand refuses to pay, this legal leverage allows you to issue a copyright takedown notice for the unpaid content.

A kill fee is a clause that ensures the creator is paid a percentage of the total project rate if the brand cancels the campaign before completion. Typically, this fee is tiered, awarding the creator 50% of the fee if canceled before content creation begins and 100% if the content is already produced but not yet posted. This compensates the creator for the time, scheduling slots, and creative labor already invested in the partnership.