In this article, we will discuss the influencer marketing and agreements.
INTRODUCTION
The word “influencer” is defined in Turkish dictionaries as “etkilemek, tesir etmek”. Influencers are people who influence others through their lifestyle, which they showcase on social media. In fact, those who engage in this type of marketing are known as “influencer marketers”.
In addition, the “Guide to Commercial Advertising and Unfair Commercial Practices Conducted by Social Media Influencers” in Article 4(1)(b) defines “influencers” as experts who have a specific audience in their field and on social media. These experts are trusted for their ideas and consistently engage in interactions.
Influencers have a large number of followers who follow them consistently. As a result, their follower count grows steadily. They usually share friendly suggestions, thoughts, opinions, and talk about their various experiences. Influencers have a significant impact on people’s lives.
As a result, those who are influenced by them put their trust in them. By sharing their personal experiences, influencers help people with similar needs. As a result, influencers engage in paid partnerships and advertising collaborations on social media platforms. Currently, the most popular topics that inspire them include daily life, makeup and style tricks.
Brands can reach larger audiences by partnering with influencers. Within seconds, products can be promoted and purchased by a large number of customers. As a result, influencers are playing a significant role and social media is becoming the preferred marketing strategy for all brands.
As technology advances and the digital world becomes more prevalent, new marketing techniques have emerged in various industries. One of the most successful approaches is to stay on top of the latest trends in the advertising and marketing industry.
This changing and growing trend in the industry is known as influencer marketing. Influencer marketing can be defined as the process of promoting products and services that advertisers wish to endorse through influencers on social media platforms, thereby facilitating their use and sale.
This approach allows brands to reach customers faster and easier. In addition, it is crucial for brands to tailor their collaborations to the style of the influencers.
INFLUENCER MARKETING AND AGREEMENTS
The primary objective of the contract between influencers and advertisers is to promote products or services through social media platforms. In exchange for their promotional activities, influencers are entitled to receive compensation or financial benefits.
In a broader context, the Influencer agrees to use and experience the product or service for the duration of the contract and to share his or her first-hand experience with the Company through various mutually agreed upon methods on his or her social media accounts.
On the other hand, the company agrees to provide the influencer with a specified payment or other agreed upon benefits as a form of compensation for their involvement in promoting the product or service. The influencer contract outlines the responsibilities and obligations of both parties.
Key elements of influencer contracts typically include
- Promotion of the product or service,
- Implementation of promotional activities on social media platforms,
- The Influencer’s entitlement to a fee or monetary benefit in exchange for their efforts.
This agreement is important to protect the rights and obligations of both the influencer and the advertiser. When entering into a business partnership, it is imperative that both parties sign a legally binding document that outlines the scope of work, compensation, and timeline and is mutually agreed upon.
Influencer agreements should be customized for each marketing campaign. However, there are several key aspects that should be included in every influencer contract
- What kind of content is needed?
- Who has creative control of the campaign?
- How long will the campaign be?
- Who will review and approve content before it is posted?
- Who will handle comments and engagement on campaign posts?
- Ownership of the work.
- Payment details.
- Standard contract clauses.
The parties to an Influencer Agreement are the Influencer, who agrees to promote a specific product or service, and the individual or company who wishes to promote their own products or services through the Influencer.
Influencer contracts are binding agreements that establish obligations for both parties. They do not require a specific format, but are typically executed in writing. It’s important to note that influencer contracts are different from sponsorship and advertising contracts.
In the realm of contract types within legal doctrine, there are opinions suggesting that influencer contracts fall under the category of “agreement for services” or “contracts for specific performance”.
In practice, however, influencer contracts are typically anonymous contracts, although it is possible to structure them as mandate contracts or employment contracts, depending on the intentions and preferences of the parties involved.
According to Article 8 of the Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers, when sharing photos and/or messages on platforms such as Instagram, Facebook, and Twitter, influencers are required to include at least one of the following labels or statements along with any promotional information about the advertiser:
- The advertiser’s name, brand or trade name,
- A clear indication that the content is an advertisement,
- Disclosures such as “sponsored,” “paid partnership,” or “advertisement”.
These requirements are designed to ensure transparency and inform viewers about the promotional nature of the content.
- #Advertisement
- #Advertisement/Promotion
- #Sponsor
- #Collaboration
- #Partnership
- “@[Advertiser] collaboration”
- “Provided by @[Advertiser]”
- “Received as a gift from @[Advertiser]”
Employment Contracts: Because influencers typically work independently, it can be argued that they do not have a hierarchical relationship with advertisers similar to the employer-employee dynamic. Please note that the corrected version corrects grammatical errors and accurately conveys the intended meaning.
Compared to works contracts: The main distinguishing feature of works contracts is the contractor’s obligation to deliver a specific result. When reviewing influencer contracts, it is not common to find an obligation to guarantee a specific result. Typically, influencers are required to promote and advertise products or services.
Comparison with Power of Attorney Agreements:
According to the provisions of the Turkish Code of Obligations (TCO), a mandate contract is a contract in which the agent undertakes to perform or act on behalf of the principal. Unlike an employment contract, a mandate contract does not include an obligation to achieve a specific result. However, the agent is still required to exercise due care in the performance of his duties under the power of attorney.
Compared to Sponsorship and Advertising Contracts:
Because influencers promote certain products or services on social media, it is argued that the legal relationship between the parties is similar to advertising contracts. However, there are certain differences between these two types of contracts.
In addition, the objective of the contract may be achieved even if the influencers simply share their use of a particular product without explicitly promoting it. The connection established between the follower and the influencer is significant. In addition, the identity of the influencer and the number of followers they have attained to a certain level are distinguishing factors in influencer contracts.
CONCLUSION
Influencers are responsible for carrying out promotional, marketing and advertising activities on behalf of brands.
The specific details of the influencer marketing and agreements to be established between influencers and advertisers will depend on several factors, including the bargaining power of the parties involved, the nature of the product or service being promoted, and the target audience.
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Summer Intern Su Öykü İNCEOĞULLARI
Att. Arzu Arslan KOLLAMA
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