Influencer & Content Creator Agreement
An influencer agreement sets out the terms for a creator's paid promotion, ensuring ACCC compliance, IP clarity, and defined deliverables.
What is a Influencer & Content Creator Agreement?
An influencer agreement (or content creator agreement) is a contract between a brand or agency and a social media influencer or content creator for paid promotional content. It defines the deliverables (posts, stories, videos, reels), the compensation, the usage rights in the created content, and the disclosure obligations required under the Australian Competition and Consumer Commission (ACCC) guidelines.
In Australia, the ACCC requires influencers to clearly disclose paid partnerships and sponsored content. Failure to do so — or failure to require it in an influencer agreement — exposes both the brand and the influencer to regulatory action for misleading and deceptive conduct under the Australian Consumer Law.
When do you need a Influencer & Content Creator Agreement?
- ✓When commissioning an influencer or content creator for a paid brand campaign
- ✓Before any content is created as part of a paid arrangement
- ✓When using creator content in paid advertising beyond organic social
- ✓When engaging multiple creators for a campaign that requires consistent terms
Key provisions to include
Deliverables
Specific content pieces, formats (post, story, reel), platforms, and minimum engagement requirements.
Timeline
Submission deadlines, approval windows, and publication schedule.
Fees & Payment
Compensation (flat fee, performance-based, or product exchange) and payment timing.
Usage Rights
How the brand can reuse, repurpose, and republish the creator's content.
Disclosure Obligations
Requirement to use #ad, #sponsored, or platform-native disclosure tools per ACCC and AANA guidelines.
Exclusivity
Whether the creator can work with competing brands during and after the campaign.
Approval Process
Brand's right to review and request changes before publication.
Common mistakes to avoid
Not specifying disclosure requirements, exposing the brand to ACCC compliance risk
Failing to secure usage rights for the content — without them, you cannot legally use the creator's content in paid ads
No exclusivity provisions, allowing the creator to work with direct competitors immediately after your campaign
Vague deliverable specifications — 'a few posts' creates disputes about quantity and quality
Frequently asked questions
Are Australian influencers required to disclose paid partnerships?
Yes. Under the Australian Consumer Law, influencers and brands must disclose paid commercial relationships clearly and conspicuously. The ACCC and AANA have both issued guidance requiring disclosures such as #ad, #sponsored, or platform-native partnership labels. Failure to disclose can constitute misleading and deceptive conduct.
Who owns the content created by an influencer?
Under Australian copyright law, the creator owns the copyright in content they create, unless it is explicitly assigned. An influencer agreement should address whether the brand receives a licence to use the content or a full IP assignment. For paid advertising campaigns, a licence covering specific platforms and durations is most common.
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