Disclosure obligations in influencer campaigns sit with more than one party, and enforcement attention has reached all of them. The practical question for the agreement is who must do what, who checks, and who pays when something was missed.
The rule, in short
A material connection between a brand and an endorser has to be disclosed clearly and conspicuously, in the medium where the endorsement appears. Compensation, free product, family relationships and equity stakes all count as material connections.
Allocate the obligation in the contract
The advertiser cannot delegate its interest in compliance, but it can contract for it: specify the disclosure language or standard, require it in every deliverable, and make compliant disclosure a condition of acceptance and payment.
Platform tools are not compliance
Built-in paid-partnership labels help, but they may be insufficient on their own, absent from some formats, or stripped in reposting. The agreement should require disclosure that works in the content itself, with the platform tool as a supplement.
Monitoring, correction and takedown
Someone must actually look at what was posted. Assign review responsibility, a correction procedure with deadlines, and takedown rights for non-compliant content. Indemnity should follow the party whose failure created the exposure.
Mind the intermediary layers
Where an agency or creator network sits between brand and talent, obligations must flow down the full chain. A compliant prime agreement over a silent subcontract is a gap, not a defense.
Related practices
General information only. Nothing on this page is legal advice or a substitute for advice on specific facts. Legal & notices.