Influencer Agreement (Marketing Agency as Agent for the Brand)
For when the brand is the contracting party, its marketing agency signs as agent, and a talent agency supplies the creator. The agency acts as agent, not principal.
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Add to cartWho this template is for
- •Brands who run campaigns through a marketing agency but want to be the contracting party
- •Marketing agencies signing on the brand's behalf and engaging a talent agency
- •Talent agencies supplying a creator into a brand-principal deal
What it is
A one-off, fee-plus-gifts deal where the brand is the contracting party, its marketing agency signs and administers as the brand's agent, and the talent agency supplies the named influencer. The brand takes the usage rights and carries the obligations; the marketing agency warrants its authority but is not personally liable. Built the Social Law Docs way: Part A is a fill-in schedule, Part B holds the plain English terms, and an annexure covers the talent release.
What's inside
- •Agency-as-agent item: identifies the marketing agency and confirms it signs as the brand's agent, not as a party in its own right.
- •Brand as principal: the brand takes the usage rights and holds the core obligations, even though the agency signs.
- •Talent agency supplies the influencer: the named creator is provided by the talent agency, which is responsible for paying the creator.
- •Warranty of authority: the marketing agency warrants it can bind the brand, and is not personally liable beyond that.
- •Fee plus gifts, usage split, disclosure, moral rights and tax wording, and a talent release annexure.
How easy it is to use
- •Complete Part A, including the marketing agency's agent details and the talent agency's influencer. Prompts guide each field.
- •One template covers the brand / marketing agency / talent agency set-up without custom drafting.
- •Electronic signing supported; reuse for every agency-run campaign.
Who this is for
- •Brands who run campaigns through a marketing agency but want to be the contracting party
- •Marketing agencies signing on the brand's behalf and engaging a talent agency
- •Talent agencies supplying a creator into a brand-principal deal
Problems it may help you avoid
- •The common failure where nobody is sure whether the marketing agency signed as principal or as agent.
- •Uncertainty over who must pay the creator and attend to any withholdings and super contributions.
- •Advertising non-disclosure issues.
Check it fits before you buy
Templates are general documents, not tailored to your situation. Read the description above and make sure this template matches your intended use before you purchase. If it is not the right fit, it may not do what you need.
When not to use this template
This template should not be used:
- with legal employees (it's made with independent contractors in mind);
- when advertising regulated products or services (refer to other templates built specifically for that purpose);
- when children will be featured in the content (refer to other templates built with kidfluencers in mind);
- if your plans don't match the description – look for a better option on the website or contact Social Law Co. for a bespoke document.
Why this template
These templates are drafted by Social Law Co, the affiliated Australian law firm that is a member of the AiMCO Industry Advisory Council – the body that helps set influencer marketing best-practice standards in Australia. They help write the standards, not just follow them.
Want advice or changes to the terms?
Social Law Docs sells templates only and cannot give you legal advice. If you want advice on whether this template suits your campaign, or you want the terms reviewed or edited for a specific campaign, that is legal work.
Social Law Co is the affiliated Australian law firm. They can advise on the terms or draft changes for you. Additional fees apply and Social Law Co acts under its own terms of engagement.
Contact Social Law CoImportant: no legal advice
Social Law Docs is not a law firm and does not provide legal advice. We sell document templates only.
Buying a template does not create a lawyer and client relationship with Social Law Docs or with Social Law Co.
Every template is general in nature. It has been prepared with Australian law and industry best practice in mind, but it has not been prepared for your specific circumstances, and laws and industry codes change.
You are responsible for deciding whether a template is right for your situation and for completing it correctly. If you are unsure, get legal advice before you sign.
Social Law Docs is affiliated with Social Law Co, an Australian law firm, but the two are separate legal entities. Legal advice and custom drafting are provided by Social Law Co under its own terms of engagement.