What an influencer agreement is for
Influencer campaigns move fast, and most problems come from things nobody wrote down: what exactly the creator will post and when, who approves it, what the creator may and may not claim about the product, how long the brand can reuse the content, whether it can run ads with it, and when the creator gets paid. On top of that, the Federal Trade Commission treats sponsored posts as advertising. Under its Endorsement Guides, both the brand and the creator can be liable for a post that hides the paid relationship or makes claims the brand cannot back up, and its newer rule on consumer reviews and testimonials adds civil penalties for practices such as buying fake engagement.
This agreement covers both sides of that. It sets the deliverables and posting windows in a schedule, gives the creator creative control with a defined review process, and builds the FTC requirements into the contract: clear and conspicuous disclosure in the caption and in the video itself, honest opinions based on actual use, factual claims limited to an approved list, no fake engagement, no sentiment-conditioned reviews, and a duty to fix non-compliant posts within 24 hours. It covers payment, products, exclusivity, ownership with organic and paid usage licenses, a ban on AI replicas without separate consent, termination and reporting, with a disclosure guide for each content format.
When to use it
Use it for paid or gifted collaborations between a brand and a content creator on Instagram, TikTok, YouTube, podcasts, blogs and other platforms in the United States, from a single sponsored post to a multi-month ambassador program. Agencies can use it between their client and the creator, adjusting the parties.
For affiliate-only arrangements, add the commission terms to Schedule A. For campaigns involving regulated products such as alcohol, supplements, financial products or medical devices, add the industry's specific advertising rules. Creators who are union members should check whether the work is covered by a union agreement.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Parties and campaign
- Brand
- Creator and handles
- Campaign
- Deliverables by reference to Schedule A
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Brief, review and FTC compliance
- Creative brief
- Approval timeline
- Disclosure in captions and video
- Platform tools
- Honest opinions and actual use
- Approved claims
- No fake engagement
- Reviews
- Monitoring and correction
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Payment, exclusivity and rights
- Fee and schedule
- Products
- Expenses
- W-9 and 1099
- Exclusivity
- Ownership
- Organic license
- Paid usage and partnership ads
- Edits
- No AI replica
- Music licensing
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Conduct, reporting and general terms
- Conduct termination
- Breach
- Posts stay live
- Metrics reporting
- Independent contractor
- Confidentiality
- Warranties
- Indemnity
- Governing law
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Schedules
- Campaign details and approved claims
- Disclosure guide by format
- Approval and posting log
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the agreement
- Name the parties. Enter the brand's legal entity and the creator's legal name, business name and handles.
- Fill in Schedule A. List each deliverable, platform, format, number and posting window.
- List the approved claims. Include only factual claims the brand can substantiate, and the claims that must not be made.
- Set the review timeline. Choose the draft and approval deadlines and the number of revision rounds.
- Set the fee and products. Enter the amount, payment timing and any products provided.
- Choose exclusivity. Name competitors or a category and a period, or delete the section.
- Set usage rights. Choose the organic license period and whether paid usage is included, for how long and at what fee.
- Share Schedule B with the creator. Make sure the creator knows how to disclose in each format.
- Sign and track. Both parties sign, and the brand logs approvals, posts, disclosure checks and metrics in Schedule C.
Example: a completed campaign excerpt
A fictional Denver outdoor gear company, Summit Thread Co., hires a hiking creator for a jacket launch:
Deliverables: one Instagram Reel (30 to 60 seconds) and three Stories, posted between April 6 and April 12, 2027; one TikTok video in the same window. Approved claims: "waterproof to 20,000 mm", "weighs 340 grams", "made with 60% recycled nylon". Not to be said: "keeps you warm in any conditions". Fee: $3,500, half on signing and half within 15 days after the last post. Products: two jackets, which the creator keeps. Usage: organic reposting for 12 months; partnership ads for 60 days for an additional $1,200.
The creator opens the Reel saying "This is an ad for Summit Thread," shows "#ad" on screen, starts the caption with "Ad: paid partnership with Summit Thread", and turns on Instagram's paid-partnership label.
Federal rules to know
These are the federal rules this agreement is built around.
- Endorsement Guides, material connections (16 CFR 255.5). Unexpected connections, including payment and free products, must be disclosed clearly and conspicuously.
- Clear and conspicuous (16 CFR 255.0(f)). Difficult to miss and easy to understand; unavoidable on social media; in the same format as the claim.
- Honest opinions and use (16 CFR 255.1). Endorsements reflect honest opinions; an endorser represented as a user must actually use the product.
- Advertiser responsibility (16 CFR 255.1(d)). Guidance, monitoring and remedial action; advertisers can be liable even when endorsers are not.
- Consumer Reviews and Testimonials Rule (16 CFR Part 465). No fake or sentiment-conditioned reviews and no buying or selling fake indicators of social media influence, with civil penalties available.
- Section 5 of the FTC Act. Prohibits unfair or deceptive acts or practices, including deceptive advertising claims.
Mistakes that bring FTC trouble
The common problems are disclosures hidden at the end of a caption or among hashtags, relying on the platform label alone, no disclosure in the video itself, creators making product claims the brand cannot substantiate, gifted products never disclosed, paying more for positive reviews, buying followers or views to hit campaign targets, and brands that never check what was posted. Using the approved claims list, the disclosure guide and the posting log avoids each of them.
Frequently asked questions
What does the FTC require in influencer posts?
If a creator has a material connection to a brand, such as payment, free products or other benefits, the connection must be disclosed clearly and conspicuously, meaning it is difficult to miss and easy to understand. The creator must give honest opinions based on actual use, and the brand should guide creators, monitor their posts and correct problems.
Is "#ad" enough for an influencer disclosure?
It can be, if it is placed where people will see it, such as the start of the caption, and not buried among other hashtags or behind "more". For video, the FTC expects the disclosure in the video itself, and for livestreams it should be repeated. A platform's paid-partnership label is helpful but should not be the only disclosure.
Can a brand and influencer both be liable?
Yes. Under the Endorsement Guides, advertisers can be liable for misleading endorsements or undisclosed connections, even when the endorser is not, and endorsers can be liable for statements they make. The FTC can also seek civil penalties for violations of its rule on consumer reviews and testimonials.
What usage rights should an influencer agreement include?
State whether the brand may repost the content on its own channels, for how long, and whether it may run paid ads with the content or through the creator's account, with a separate fee for paid usage. This agreement keeps ownership with the creator and grants specific licenses.
Can a brand pay for positive reviews?
No. The FTC's rule on consumer reviews and testimonials prohibits conditioning payment or other incentives on a review expressing a particular sentiment, and also prohibits buying or selling fake followers, likes and views. Creators can be paid for honest content, with the connection disclosed.
