Advertising through bloggers in popular social networks Facebook and Instagram is trand in a brand promotion, there’s two sides to that coin. The popularity of vloggers contents on YouTube isn’t slowing down. Telegram’ channels have a big auditory.
– Do you have a lot of fans in social networks?
– Are you really working on your content, and do not engage in spontaneous posting?
– The ideas of your posts become viral and people copy your style?
Congratulations! You are public opinion leaders or ‘influencer’. It’s time to do business on this. We are sure that you getting the proposals for cooperation.
Your product is a completely new niche or a new look at the old stuff? You are confident in its uniqueness and it’s time to communicate with potential customers. We are confident that your marketing strategy has a section on ‘working with public opinion leaders or influencer’.
In this article, we will discuss how to work with bloggers in legal. No, of course, you can exchange a few messages, transfer money and … complain to his account, because parties don’t understand partnership clauses, haven’t received the final result or post has been removed after payment.
Such cooperation with the influencer’, in the legal sense, is specific. In this article, we will not talk about all the clauses of the agreement with the blogger, but just describe a few important clauses that should be determined in the contract. It’s a road map of relationships with a blogger who provides advertising services.
Bloggers can have few accounts on social networks with different content and auditory. Companies choose influencer because they have own style in the network. For example, Company interesting to a specific YouTube channel, but the content will go to stories on the Instagram account, where the company was not interested. Such actions are not fair, but formally this cannot be named a violation.
That is why in the advertisement agreement with the blogger it is necessary to close the field for abuses or violations by identifying the accounts.
Certain influencer became popular because have “own handwriting and style” in the network. It is necessary to immediately determine the style of content that will be promoted by the blogger. Modern users – Advertising Detectors. We are confident that all parties of the agreement are interested in the effect of native advertising. But give scope for improvisation is bad. This is the product and the reputation of a company..
In the agreement between the brand and the blogger, must have clauses about (i) content approval and terms of approval, (ii) the number of link to the brand, scope of mentioning, etc.
Is well known that the time of publishing influences its distribution between auditory, and time varies depending on this target auditory and its activities. That’s way, time plays one of the leading roles in promoting the brand through social networks to get the maximum effect
Parties should agreed when content should be released and prohibit the blogger from self-removing the post or how long the content can not be deleted.
Brands and bloggers have not only fans. Depending on the style and content, subscribers may have a sometimes negative reaction. Collaboration between the blogger and the company affects business reputation, that way parties must agree on the nuances of communication with users – who will respond to comments. A blogger, when negative comments and charges, can put the company into an awkward situation, if they communicate with users himself.
To protect the reputation of the brand in agreement with the blogger should agreed on cooperation and who response to negative comments.
The advertisement agreement with the blogger may have very specific payment terms. Usually, it is a fixed price for the post. But the price can be tied to the wished result (the number of companies views, orders, etc.) or agreement can include barter terms – donations of products or discounts. But in this case, be sure to consult with lawyers, because it has different tax consequences for the parties according to their legal status.
The vlogger can edit the video to promote the product, and he gets intellectual property rights to it. He can use intellectual property rights of third parties.
It is necessary to clause in the agreement about the transfer of intellectual property rights to the created objects. An obligatory clause in the agreement: blogger’ liability for the use of the intellectual property third parties (music or images).
Bonus – compliance
Compliance this is not a clauses in the agreement with the blogger. Advertising law sets out requirements for the advertisement of certain products. For protect blogger’ or company’ liabilities, lawyers should assist in the preparation of promotional materials.
Marketing tools are various. Agreement with bloggers is not a simple formality. Brands are interested in achieving the greatest result from collaborating with bloggers. The nuances described in this article will help you in negotiating with public opinion leaders.