9 Best Practices for Influencer Marketing Agreements

Influencer marketing has become one of the most popular ways for marketers and their PR agencies to engage consumers—and also one of the most cost-effective. 

As marketers continue to invest more in influencers, they expect more in return. This dynamic is changing the process of contracting with influencer talent.

It’s easier than ever for marketers and their agencies to get caught up in the social media whirlwind. However, it is critical for all involved parties to take a step back and understand the regulatory framework at play, as well as the importance of having robust contracting processes in place. 

In light of recent Federal Trade Commission (“FTC”) developments, all involved parties should keep the following 9 best practices in mind: 

1. Define the influencer content. 

According to the most recent batch of FTC warning letters and updated FAQs to its Endorsement Guides, certain hashtags, such as #partner, #ambassador, and #thanks [brand] without further context are not sufficient. Hashtags such as #paid, #ad, and #sponsored are likely to be sufficient, as well as organic disclosures that clearly describe the nature of the material connection. 

2. Keep disclosures “above the fold…. Read More

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