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Need help with a Brand Ambassador Contract?
If you plan to hire an influencer to promote the business, you may need a brand ambassador contract. A good brand ambassador agreement, or influencer agreement, keeps the brand and ambassador away from worries and any problems that may arise in the future.
This post covers all the important details.
What is a Brand Ambassador Contract?
The brand ambassador contract is legally binding between the brand and the person intended to represent the brand.
It is easy for the brand to outline its expectations with the ambassador. It also streamlines the protocol for the ambassador to follow. A brand ambassador contract usually entails:
- The ambassador and the brand
- The tenure or timeline for which ambassador represents the brand
- The tone and language used in the promotion of the brand
- The conduct that is discouraged when representing the brand
- Legal rights, responsibilities, copyrights, and non-disclosures
- The Terms of payment, other standard terms, number of sponsored posts
- The cancellation agreement
Why Do You Need a Brand Ambassador Contact?
For businesses to grow and flourish, marketing plays an important role. Recently brands and companies are focusing more on their brand development, awareness, and authority by deploying various marketing tactics.
In these instances, influencers and brand ambassadors are hired for a particular period until the marketing milestones are achieved.
Consequently, to protect the interest of the brand and company, they require a legally binding contract. A brand ambassador contract is a great way to put everything in writing, detailing all the nitty-gritty details.
There are tons of templates available on the internet, but they are not customed to your brand or, in the case of an ambassador, for the nature of the job. Hence, hiring a lawyer who understands your work or brand is crucial and can outline a contract accordingly.
Who Uses a Brand Ambassador Contract?
The brand mainly uses the contract, and the ambassador intended to promote the brand. Both parties prefer to keep things legally binding, written down, and signed to keep things streamlined and within the bounds of legality.
It is usually used by:
- Employees of the brand
Here is an article about what a contract is.
What Should Be Included in a Brand Ambassador Contract?
Every contract differs in nature depending on the company and what they require from the ambassador. However, all contracts have a similar outline with some specifications dictated by the brand or ambassador.
For a comprehensive and fool-proof contract, it should include the following details.
- Term: In this section, the brand and the ambassador agree on a timeline they will work together; it is vital to write down the exact date; for example, from the 24th of June 2022 to the 24th of June 2023. Ambassador can request the brand to mention a precise date if there are any vague references. If any term is breached or violated, the company and ambassador can also add a clause to end the contract.
- Services and Compensation: This section outlines the work and scope for the ease of the brand ambassador and the brand to give the sense of work that needs to be done. Similarly, the compensation for the services is also discussed to make this clear between the brand and the influencer or ambassador. The compensation can be a one-time payment or milestones per task or job.
- Termination: In this section, both parties discuss if they can at some point terminate the contract. There may be some cases where the ambassador can harm the brand's integrity or the brand failing to comply with the requirements of the ambassador in the process.
- Rights for Publicity: In rights for publicity, both parties agree in using the content produced by the ambassador to use for publicity at the discretion of the brand.
- Confidentiality: The brand and ambassador need to work with trust. Hence under this section, they agree on keeping all information exchanged during the contract and after the termination of service private.
- Miscellaneous: In this section, the contract includes all other legalities exclusive to the brand. It may consist of obligations, representation, and indemnity of the company/ambassador, warranties, and other clauses relevant to the company and brand.
Image via Pexels by Los Muertos Crew
How Are Brand Ambassadors Paid?
The brand ambassador is paid after the services are rendered. These terms are also mentioned with the timeline of how soon the ambassador will get paid after the services.
All milestones and projects are outlined for convenience for both parties. In this way, if the marketing was not successful for the brand, the ambassador will get paid for the service regardless.
How Long Does a Brand Ambassador Contract Last?
The contract can last as low as one week and for five years. However, most brands prefer to hire an ambassador for six months or a year. These terms can be changed upon the agreement of both parties.
After the services are rendered, they may continue to renew the contract or hire another ambassador for the services. Having a smaller contract gives the brand to liberty to try new things, shuffle and work with new talent.
Similarly, a contract often binds them from working with competitor brands for ambassadors. Later, ambassadors can work with other brands and explore their options.
Benefits of a Brand Ambassador Contract
First, it is best for both parties to streamline the whole process with the timeline.
The brand and ambassador can highlight the responsibilities of each. For example, if the brand ambassador has to travel for brand promotion, who will bear the costs, and other promotion-related expenses should be discussed.
It is possible that the marketing and publicity did not bring a return on investments. In that case, the contract safeguards the interests of the ambassador.
The contract binds the ambassador to keep all confidential information to themselves while working for the brand. It works well for the interest of the brand.
Shortcomings of a Brand Ambassador Contract
Since all the duties and responsibilities are outlined, the ambassador must abide by and attempt all duties. Failing to complete all responsibilities may result in penalties.
In some cases, brands need to change some strategies and plans during terms. Any changes or additions may result in an additional fee. In addition, the brand ambassador can charge an additional fee for the basic outline or plan changes.
Brand ambassadors have to partake in the marketing and promotion of the brand –even though the brand ambassador cannot relate with the brand.
Who Writes a Brand Ambassador Contract?
The lawyers design these contracts. An expert lawyer will ensure that all aspects of the terms and conditions are covered. It safeguards the interests of both the brand ambassador and the object, delegating the responsibilities.
Here is an article about legal contract cost.
Get Help with a Brand Ambassador Contract
The contract is of utmost importance for the company and brand ambassador. The contract helps in making all things transparent. Therefore, the contracts need to be compact and cover all aspects. Any loopholes may result in conflicts.
It is best to reach the lawyers who specialize in creating the contract depending on the nature of the business – since they will be able to cover all the basis and grounds of the business.
Post a project in ContractsCounsel’s marketplace to get flat fee quotes from lawyers to help with your legal project. All lawyers in our network are vetted by our team and peer-reviewed by our customers for you to explore before hiring.
Meet some of our Brand Ambassador Contract Lawyers
December 7, 2021
Trusted business and intellectual property attorney for small to midsize businesses. Helping businesses start, grow, scale and protect.
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Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.
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David H. Charlip, the principal of Charlip Law Group, LC, is one of only 101 Board Certified Civil Trial Lawyers in Miami-Dade, with over 40 years of litigation experience. Mr. Charlip is also one of only 136 Florida Civil Law Notaries. He is also a Florida Supreme Court Certified Circuit Civil Mediator and a Florida Supreme Court Approved Arbitrator. He has managed and litigated cases across the country. Mr. Charlip has advised businesses, drafted business formation and purchase and sale documents and litigated business disputes for over 40 years and is very familiar with all aspects of contractual relations.
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With over 16 years of experience in the area of estate planning, trademarks, copyrights and contracts, I am currently licensed in Florida and NJ. My expertise includes: counseling clients on intellectual property availability, use and registration; oversee all procedural details of registration and responses with the USPTO/US Copyright Office; negotiate, draft and review corporate contracts and licensing; counsel clients on personal protection, planning and drafting comprehensive estate plans.
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Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.
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Entertainment Attorney with 30+ years of experience, representing all aspects of the TV, Film, Music and Publishing Industries
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Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.