The Influencer Management Contract serves as a crucial legal framework for formalizing the relationship between social media influencers and their professional management representatives in India. This document has become increasingly important with the rapid growth of social media marketing and the professionalization of influencer careers. It is specifically designed to comply with Indian legal requirements, including the Indian Contract Act, IT Act, and ASCI guidelines for influencer advertising. The contract typically covers essential aspects such as scope of services, revenue models, content rights, brand partnership protocols, and compliance requirements. It's particularly relevant in today's digital age where influencer marketing has become a significant component of brand marketing strategies, requiring clear guidelines and professional management structures. The document should be used when establishing new influencer management relationships or updating existing arrangements to ensure current regulatory compliance and industry best practices.
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1. Parties: Identification of the Manager and the Influencer, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, brief description of the parties' business activities and intention to enter into a management relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Content', 'Social Media Platforms', 'Revenue', 'Brand Partnerships'
4. Appointment and Term: Formal appointment of manager, exclusivity terms, and duration of the agreement including renewal provisions
5. Manager's Services and Obligations: Comprehensive list of services to be provided by the manager, including brand deal negotiation, content strategy, and career development
6. Influencer's Obligations: Influencer's commitments, including content creation, maintenance of social media presence, brand partnership fulfillment
7. Revenue and Payment Terms: Commission structure, payment schedules, revenue sharing arrangements, and expense policies
8. Intellectual Property Rights: Ownership and licensing of content, usage rights, and IP protection measures
9. Compliance and Disclosures: Requirements for adherence to ASCI guidelines, platform policies, and disclosure requirements
10. Representations and Warranties: Standard warranties from both parties regarding capacity, authority, and compliance
11. Confidentiality: Protection of confidential information and trade secrets
12. Termination: Grounds for termination, notice periods, and post-termination obligations
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete: Restrictions on working with competing managers or brands, used when the influencer has significant market presence
2. International Operations: Additional provisions for cross-border activities, needed when the influencer operates internationally
3. Crisis Management: Procedures for handling PR crises or controversial situations, important for high-profile influencers
4. Personal Appearance Rights: Specific terms for in-person appearances and events, needed if the influencer does live appearances
5. Team and Support Staff: Provisions regarding hiring and managing support staff, relevant for larger influencer operations
6. Insurance Requirements: Specific insurance obligations, important for high-risk content or activities
7. Content Approval Process: Detailed procedures for content review and approval, useful for heavily regulated industries
1. Schedule A - Commission Structure: Detailed breakdown of commission rates for different types of revenue streams
2. Schedule B - Approved Social Media Platforms: List of platforms where the influencer is active and manager's services apply
3. Schedule C - Content Guidelines: Specific content creation and posting guidelines, including brand safety requirements
4. Schedule D - Reporting Templates: Standard formats for performance reports and financial statements
5. Schedule E - Existing Brand Commitments: List of pre-existing brand relationships and commitments
6. Appendix 1 - Standard Operating Procedures: Day-to-day operational procedures and workflows
7. Appendix 2 - Emergency Contact Protocol: List of key contacts and procedures for urgent situations
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