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A typical brand ambassador contract is an agreement between a company and an individual that outlines the responsibilities of both parties. The contract states what services the brand ambassador will provide, how much they will be paid, and any other relevant details such as expenses or benefits.
It also usually includes provisions for termination in case either party fails to fulfill their obligations. A well-crafted brand ambassador contract can help protect both companies and individuals by ensuring all expectations are clear from the start.
A brand ambassador contract should include a clear definition of the roles and responsibilities of both the brand owner and the independent contractor. It should also clearly define what services the brand ambassador will provide, as well as how much they will be paid for those services.
Additionally, it should spell out any additional benefits or privileges that come with being a brand ambassador. The contract should also provide details on ownership of intellectual property created by the brand ambassador, as well as how any disputes between the parties will be handled.
Finally, it is important to ensure that the contract outlines termination provisions in case either party fails to fulfill their obligations or if there are changes to either party’s original expectations.
Brand ambassadors are typically paid for their services with a set contract price depending on the services provided and the demands of the company brand. This may include a one-time fee, an hourly rate, or a commission based on sales. Payment terms and conditions should be outlined in the brand ambassador contract to ensure that all parties have a clear understanding of how and when the payment will be made.
Generally, this means that payments must be made within an agreed-upon period of time after specified services have been completed or milestones have been achieved. Furthermore, it is important to note that while some brand ambassadors might receive additional benefits, such as free products or discounts from the company they represent, these benefits should also be included in the contract prior to execution.
The length of a brand ambassador contract varies depending on the company and the specific goals of the campaign. Generally, the contract is usually determined by the campaign timeline and associated goals.
For example, if a company is looking to launch a new product or service, they may enter into a legally binding agreement with a brand ambassador for a set period of time in order to maximize their brand's image.
On the other hand, if they are looking to build up a long-term relationship with an influencer, they may opt for an open-ended contract since there is no definitive completion date. The brand ambassador contract should clearly state the length of the agreement and any specific terms that must be adhered to in order for it to remain valid.
Writing a brand ambassador contract can be an effective way for companies to reach new potential customers and increase their brand awareness. When drafting a contract, it’s important to clearly define the roles and responsibilities of both the company and the individual brand ambassadors, including what services they will provide, how much they will be paid, any additional benefits or privileges that come with being a brand ambassador, and ownership of intellectual property created during the campaign.
Additionally, it is important to include termination clauses in case either party fails to fulfill their obligations or if there are changes to either party’s original expectations.
Companies should also take into account any social media channels used by their brand ambassadors and ensure that these are clearly indicated in the contract as well. With a comprehensive contract in place, companies can successfully engage with their brand ambassadors while having all of the necessary details clarified prior to execution.
The main difference between a brand ambassador and a social media influencer is that the former represents an organization or company, while the latter promotes their own personal brand.
A brand ambassador is typically paid to promote products and services on behalf of a company, while social media influencers are normally self-employed individuals who use various online platforms (such as YouTube, Instagram, TikTok, etc.) to influence potential customers.
Brand ambassadors have their actions and messages monitored by their employers in order to ensure they remain consistent with the company’s branding strategy, whereas social media influencers have more flexibility when it comes to content creation. However, both types strive for one thing – creating engaging content that will attract followers and increase engagement levels on their respective social networks.
The use of a brand embassador contract is highly recommended for anyone who wants to protect themselves and the work they produce.
A Brand Ambassador Agreement is an important document that outlines the rights and responsibilities of both parties involved. The agreement should clearly state the payment terms, applicable laws, and any additional benefits or privileges associated with being a brand ambassador.
It is also important to note that the contract should define the scope of the work, duration of engagement, and any deliverables expected from either side. This way, both parties are aware of their obligations and can easily negotiate any changes that need to be made.
Furthermore, brand ambassadors should ensure that they are adequately compensated for their time and effort; as such, it is advised to include a clause in the contract that states how payment will be made upon completion of the agreed-upon tasks. Taking into account all these considerations, a Brand Ambassador Agreement is essential for protecting both parties’ interests in any business relationship.
A brand ambassador contract can be a great tool for companies to increase their brand awareness and reach new potential customers. When drafting a contract, it is important to define the scope of the project, the duties, and responsibilities of both parties involved, payment terms, any additional benefits or privileges that come with being a brand ambassador, as well as ownership of intellectual property created during the campaign.
Additionally, termination clauses should be included in case either party fails to live up to their obligations or if there are changes made to either party’s original expectations. Having all these details clarified prior through an effective contract will allow companies and brand ambassadors to successfully engage without any issues arising down the line.
A potential scope of work for a brand ambassador contract template should include clear expectations on the promotional activities that are to be completed, as well as detail the creative freedoms permitted. This includes specifying which social media platforms and marketing channels will be used, how frequently a post should be published, what kind of content should be shared, and how often it needs to be monitored.
Additionally, the contract can outline any rewards or bonuses that may be offered based on performance. By outlining parameters around these activities in advance, companies can ensure their brand ambassadors are well-equipped to promote their products/services effectively and ultimately increase sales.
The use of brand ambassador contract templates can be an invaluable tool for organizations looking to engage with influencers. These templates provide a comprehensive framework that helps to protect both parties from any discrepancies or misunderstandings that may arise during the course of their agreement.
Additionally, these templates make it easier to identify the roles and expectations that each party has, as well as the payment methods and terms of the agreement. This ensures that everyone is on the same page and reduces the risk of any liabilities.
Furthermore, by using a template, companies can save time and resources in creating their own custom documents, thus allowing them to focus more on their messaging and finding the right person for their influencer campaigns.
Overall, brand ambassador contract templates can be an effective solution in helping organizations ensure they are engaging in fair and transparent contracts with influencers.
Yes! You can sign up for a free Indy account and use our contract generator to create the correct contract for your needs in a few minutes.
This Social Media Brand Ambassador Agreement (the "Agreement"), dated [the date both parties will have signed] is entered into by [Social Media Brand Ambassador name], an individual residing in [address], (the "Social Media Brand Ambassador"), and [client name], an individual residing in [address], (the "Client").
Whereas, the Social Media Brand Ambassador and the Client desire to establish the terms and conditions under which the Social Media Brand Ambassador will provide services to the Client, the parties agree as follows:
1. Scope of Work. The Social Media Brand Ambassador agrees to perform such consulting, advisory and related services specified on Exhibit A to this Agreement ("Description of Services").
2. Term. This Agreement shall commence from the date this Agreement is signed by both parties and shall continue until the scope of work defined in the Description of Services is completed (such period, as it may be extended or sooner terminated in accordance with the provisions of Section 4, being referred to as the ("Service Period").
a. Service Cost. In consideration of the Service, the Client will pay the Social Media Brand Ambassador of $ per hour (the "Service Cost").
b. Expenses. The Social Media Brand Ambassador shall be responsible for all business expenses incurred by the Social Media Brand Ambassador in connection with, or related to, the performance of the services.
c. Invoices. The Client shall pay to the Social Media Brand Ambassador amounts shown on each statement or invoice described in Section 3(a) and 3(b) within () days after receipt thereof.
d. Benefits. The Social Media Brand Ambassador shall not be entitled to any benefits, coverages or privileges, including, without limitation, health insurance, social security, unemployment, medical or pension payments, made available to employees of the Client.
4. Termination. This Agreement may be terminated prior to the end of the Service Period in the following manner: (a) by either the Social Media Brand Ambassador or the Client upon not less than () days prior written notice to the other party; (b) by the non-breaching party, upon twenty-four (24) hours prior written notice to the breaching party if one party has materially breached this Agreement; or (c) at any time upon the mutual written consent of the parties hereto. In the event of termination, the Social Media Brand Ambassador shall be entitled to payments for services performed that have not been previously paid and, subject to the limitations in Section 3.2, for expenses paid or incurred prior to the effective date of termination that have not been previously paid. Such payment shall constitute full settlement of any and all claims of the Social Media Brand Ambassador of every description against the Client. In the event that the Client’s payment to the Social Media Brand Ambassador exceeds the amount of services performed and (subject to the limitations in Section 3.2) for expenses paid or incurred prior to the effective date of termination, then the Social Media Brand Ambassador will immediately refund the excess amount to the Client. Such refund shall constitute full settlement of any and all claims of the Client of every description against the Social Media Brand Ambassador.
5. Cooperation.The Social Media Brand Ambassador shall use Social Media Brand Ambassador's best efforts in the performance of Social Media Brand Ambassador's obligations under this Agreement. The Client shall provide such access to its information and property as may be reasonably required in order to permit the Social Media Brand Ambassador to perform Social Media Brand Ambassador's obligations hereunder. The Social Media Brand Ambassador shall cooperate with the Client’s personnel, shall not interfere with the conduct of the Client’s business and shall observe all rules, regulations and security requirements of the Client concerning the safety of persons and property.
6. Proprietary Information and Inventions.
a. Proprietary Information.
1. The Social Media Brand Ambassador acknowledges that Social Media Brand Ambassador’s relationship with the Client is one of high trust and confidence and that in the course of Social Media Brand Ambassador's service to the Client, Social Media Brand Ambassador will have access to and contact with Proprietary Information. The Social Media Brand Ambassador will not disclose any Proprietary Information to any person or entity other than employees of the Client or use the same for any purposes (other than in the performance of the services) without written approval by an officer of the Client, either during or after the Consultation Period, unless and until such Proprietary Information has become public knowledge without fault by the Social Media Brand Ambassador.
2. For purposes of this Agreement, Proprietary Information shall mean, by way of illustration and not limitation, all information, whether or not in writing, whether or not patentable and whether or not copyrightable, of a private, secret or confidential nature, owned, possessed or used by the Client, concerning the Client’s business, business relationships or financial affairs, including, without limitation, any Invention, formula, vendor information, customer information, apparatus, equipment, trade secret, process, research, report, technical or research data, clinical data, know-how, computer program, software, software documentation, hardware design, technology, product, processes, methods, techniques, formulas, compounds, projects, developments, marketing or business plan, forecast, unpublished financial statement, budget, license, price, cost, customer, supplier or personnel information or employee list that is communicated to, learned of, developed or otherwise acquired by the Social Media Brand Ambassador in the course of Social Media Brand Ambassador's service as a Social Media Brand Ambassador to the Client.
3. The Social Media Brand Ambassador’s obligations under this Section 6 shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no breach by the Social Media Brand Ambassador or others of the terms of this Section 6, (ii) is generally disclosed to third parties by the Client without restriction on such third parties, or (iii) is approved for release by written authorization of an officer of the Client.
4. The Social Media Brand Ambassador agrees that all files, documents, letters, memoranda, reports, records, data sketches, drawings, models, laboratory notebooks, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible material containing Proprietary Information, whether created by the Social Media Brand Ambassador or others, which shall come into Social Media Brand Ambassador's custody or possession, shall be and are the exclusive property of the Client to be used by the Social Media Brand Ambassador only in the performance of Social Media Brand Ambassador's duties for the Client and shall not be copied or removed from the Client’s premises except in the pursuit of the business of the Client. All such materials or copies thereof and all tangible property of the Client in the custody or possession of the Social Media Brand Ambassador shall be delivered to the Client, upon the earlier of (i) a request by the Client or (ii) the termination of this Agreement. After such delivery, the Social Media Brand Ambassador shall not retain any such materials or copies thereof or any such tangible property.
5. The Social Media Brand Ambassador agrees that Social Media Brand Ambassador’s obligation not to disclose or to use information and materials of the types set forth in paragraphs (2) and (4) above, and Social Media Brand Ambassador's obligation to return materials and tangible property set forth in paragraph (4) above extends to such types of information, materials and tangible property of customers of the Client or suppliers to the Client or other third parties who may have disclosed or entrusted the same to the Client or to the Social Media Brand Ambassador.
6. The Social Media Brand Ambassador acknowledges that the Client from time to time may have agreements with other persons or with the United States Government, or agencies thereof, that impose obligations or restrictions on the Client regarding inventions made during the course of work under such agreements or regarding the confidential nature of such work. The Social Media Brand Ambassador agrees to be bound by all such obligations and restrictions that are known to Social Media Brand Ambassador and to take all action necessary to discharge the obligations of the Client under such agreements.
1. All inventions, ideas, creations, discoveries, computer programs, works of authorship, data, developments, technology, designs, innovations and improvements (whether or not patentable and whether or not copyrightable) which are made, conceived, reduced to practice, created, written, designed or developed by the Social Media Brand Ambassador, solely or jointly with others or under Social Media Brand Ambassador's direction and whether during normal business hours or otherwise, (i) during the Consultation Period if related to the business of the Client or (ii) after the Consultation Period if resulting or directly derived from Proprietary Information (as defined below) (collectively under clauses (i) and (ii), "Inventions"), shall be the sole property of the Client. The Social Media Brand Ambassador hereby assigns to the Client all Inventions and any and all related patents, copyrights, trademarks, trade names, and other industrial and intellectual property rights and applications therefore, in the United States and elsewhere and appoints any officer of the Client as Social Media Brand Ambassador's duly authorized attorney to execute, file, prosecute and protect the same before any government agency, court or authority. However, this paragraph shall not apply to Inventions which do not relate to the business or research and development conducted or planned to be conducted by the Client at the time such Invention is created, made, conceived or reduced to practice and which are made and conceived by the Social Media Brand Ambassador not during normal working hours, not on the Client’s premises and not using the Client’s tools, devices, equipment or Proprietary Information. The Social Media Brand Ambassador further acknowledges that each original work of authorship which is made by the Social Media Brand Ambassador (solely or jointly with others) within the scope of the Agreement and which is protectable by copyright is a "work made for hire," as that term is defined in the United States Copyright Act.
2. Upon the request of the Client and at the Client’s expense, the Social Media Brand Ambassador shall execute such further assignments, documents and other instruments as may be necessary or desirable to fully and completely assign all Inventions to the Client and to assist the Client in applying for, obtaining and enforcing patents or copyrights or other rights in the United States and in any foreign country with respect to any Invention. The Social Media Brand Ambassador also hereby waives all claims to moral rights in any Inventions.
3. The Social Media Brand Ambassador shall promptly disclose to the Client all Inventions and will maintain adequate and current written records (in the form of notes, sketches, drawings and as may be specified by the Client) to document the conception and/or first actual reduction to practice of any Invention. Such written records shall be available to and remain the sole property of the Client at all times.
4. Notwithstanding the foregoing in this Section 6(b), the ownership and use of the Inventions that are assigned to the Client in Section 6(b)(i) (the "Assigned Inventions") shall be limited as set forth in Exhibit B.
7. Limitation of Liability. Notwithstanding anything to the contrary contained elsewhere herein, neither party shall be liable to the other for any consequential, special, incidental, indirect or punitive damages of any kind or character, including, but not limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of revenue or loss of product or production, however arising under this contract or as a result of, relating to or in connection with the service and the parties’ performance of the obligations hereunder, and no such claim shall be made by any party against the other regardless of whether such claim is based or claimed to be based on negligence (including sole, joint, active, passive, or concurrent negligence, but excluding gross negligence), fault, breach of warranty, breach of agreement, breach of contract, statute, strict liability or any other theory of liability.
8. Indemnification. The Social Media Brand Ambassador shall be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from any claims, suits, judgments or causes of action initiated by any third party against the Company where such actions result from or arise out of the services performed by the Social Media Brand Ambassador or its Employees under this Agreement. The Social Media Brand Ambassador shall further be solely liable for, and shall indemnify, defend and hold harmless the Company and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from the Social Media Brand Ambassador’s or its Employees’ failure to pay the taxes, penalties, and payments referenced in Section 9 of this Agreement. The Social Media Brand Ambassador shall further indemnify, defend and hold harmless the Company and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on its part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against the Company relating to or arising out of the activities of the Social Media Brand Ambassador or its Employees and the Social Media Brand Ambassador shall pay reasonable attorneys’ fees, costs and expenses incident thereto.
9. Independent Contractor Status. The parties shall be deemed independent contractors for all purposes hereunder. Accordingly:
a. The Social Media Brand Ambassador will use its own equipment, tools and materials to perform its obligations hereunder.
b. The Client will not control how the Service is performed on a day-to-day basis and the Social Media Brand Ambassador will determine when, where and how the Service will be provided.
c. The Client will not provide training to the Social Media Brand Ambassador.
d. The Social Media Brand Ambassador will be solely responsible for all state and federal income taxes in connection with this Agreement.
e. This Agreement does not constitute an employment, partnership, joint venture or agency between the parties hereto, nor shall either of the parties hold itself out as such contrary to the terms hereof by advertising or otherwise nor shall either of the parties become bound or become liable because of any representation, action or omission of the other.
a. Survival. Sections 4 through 11 shall survive the expiration or termination of this Agreement.
b. Non-Solicitation. During the Service Period and for a period of [six (6) months] thereafter, the Social Media Brand Ambassador shall not, either alone or in association with others, (a) solicit, or permit any organization directly or indirectly controlled by the Social Media Brand Ambassador to solicit, any employee of the Client to leave the employment of the Client, or (b) solicit or permit any organization directly or indirectly controlled by the Social Media Brand Ambassador to solicit any person who is engaged by the Client.
c. Use of Subcontractors. The Social Media Brand Ambassador may use trusted contractors to complete components of the Social Media Brand Ambassador’s obligations hereunder, provided that the Social Media Brand Ambassador shall remain solely responsible for such contractors’ performance, that the Client shall have no obligation to such contractors and the use of such contractors shall not cause any increase in fees, costs or expenses that would otherwise be payable hereunder.
d. Entire Agreement. This Agreement (including the documents referred to herein) constitutes the entire agreement between the Client and the Social Media Brand Ambassador and supersedes any prior understandings, agreements or representations by the parties, whether written or oral, with respect to the subject matter hereof.
e. Assignment. Neither party may assign or transfer this Agreement in whole or in part, nor any of the rights hereunder, without prior written consent of the other party.
f. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other in accordance with this Section 13.
g. Amendments. No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by each party.
h. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Social Media Brand Ambassador and the Client agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.
i. Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, fire, embargo, riot, sabotage, or failure of third party power or telecommunications networks, provided that the delayed party: (a) gives the other party prompt notice of such cause and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.
j. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of (other than any principle of conflict or choice of laws that would cause the application of the laws of any other jurisdiction).
k. Arbitration. Any unresolved controversy or claim arising out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii) any such controversies or claims arising out of either party’s intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration shall take place in , , in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
l. Counterpart. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by facsimile, digital or electronic signature.
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