ISBA has today launched a new contract for brands to use with micro influencers. In addition, they have launched version two of their WFA award-winning influencer contracts. The first for brands working directly with celebrity and social talent with large followings and the second for those brands working through digital first talent agencies.
The suite of contracts addresses some of the key challenges when using influencer marketing, including identifying fraud, fake followers and non-disclosure of commercial arrangements.
Research carried out by Gravity Thinking for ISBA earlier this year identified that 80% of ISBA members are planning on increasing their influencer marketing budgets in 2018, but that of the 89% of ISBA members using influencers, 60% didn’t feel confident about working with them.
Importantly there are now clauses dealing with the key issue of labelling content. These clauses aim to ensure brands discuss this area and that the influencer fully realises their responsibility to adhere to the codes of practice when labelling social campaigns. The contract also takes a much tougher line on the issue of fake followers; and includes for the first time clauses that deal with the commitments social talent need to provide to ensure they are not engaging in practices that artificially increase perceived engagement, like the use of bots to drive artificial traffic.
All contracts were created in consultation with ISBA members. The level of involvement and interest received at development stage indicates that this is of significant importance to brands.
The contracts, created by lawyers Lewis Silkin, are available for industry-wide use by marketers, agencies and influencers themselves. They aim to both set and raise standards across the influencer marketing landscape. Since the launch of the original contracts, ISBA have received requests from across the industry including many from the influencer community demonstrating the appetite for this guidance.
These contracts are unique as there are currently no other frameworks for the influencer industry available. Version one received an award for global industry leadership from the World Federation of Advertisers in May this year.
The launch follows ISBA’s Influencer Month which took place in July and culminated in an event for ISBA members offering practical advice on how to brief influencers, spot fake followers and bot use and ensure compliance with the regulations in this area.
The contracts are available on request or ISBA members can download them as follows:
- ISBA Micro-Influencer Template. Download >
- ISBA Influencer Template (with service company). Download >
- ISBA Influencer Template (without service company). Download >
ISBA’s Director of Consultancy Debbie Morrison said ‘‘Influencer marketing is on the rise amongst almost every brand owner and ISBA wants to make sure that good standards of practice are set in this area. This starts with the commercial terms that are put in place between the brand and influencer. Since our last contracts were created 2 years ago, much has moved on in the market, issues such as content labelling and fake followers need addressing, our previous templates were also on the heavy side for micro-influencer relationships. So we have created a new micro-influencer template and updated our original terms."
Jo Farmer, partner in law firm Lewis Silkin said ‘The way in which brands expect to contract with influencers has matured since we wrote the first ISBA influencer template, two years ago. There is a growing awareness that influencer marketing content needs to be labelled correctly. Brands and influencers are also keen to tackle the issues that threaten consumer trust in influencers, such as bots and fake followers. Lewis Silkin are happy to have partnered with ISBA to help improve best practice in this evolving area.’
Abi Slater Director of Communications
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