In the Brazilian influencer marketing business, the potential for growth is enormous, but so are the reputational risks. Inappropriate conduct from a partner influencer can link your Brazilian brand to a controversy, causing significant damage that often cannot even be measured.
To mitigate these risks and ensure your expected return, a well-structured agreement is essential in Brazil. It acts as a vital control and security mechanism for your brand. Ensure your Brazilian agreement covers these 6 critical points:
1. Exclusivity and Competition: Can the influencer work for a competitor? Clearly define whether the partnership is exclusive and which segments or brands are off-limits during and after the contract. This protects your market positioning and prevents conflicting associations.
2. Brand Usage Control: How will your brand be used? Specify the application limits for your logo and brand identity, determining the permitted contexts. This prevents your brand from being associated with topics that do not align with your values or from receiving less exposure than contracted.
3. Content Ownership and Usage Rights: Who owns the content created for the campaign? Contractually secure the right to use and reuse the photos and videos on your own channels (website, social media), even after the partnership ends. This maximizes the return on investment (ROI) of the produced material.
4. Success Metrics (KPIs): What defines a successful campaign? Establish clear, measurable goals (KPIs), such as reach, engagement, or conversions. Without defined metrics, performance evaluation becomes subjective. With them, you align expectations and prove the results of your investment.
5. Conduct and Liability: The influencer’s responsibility extends beyond the posts. Define in the contract that their general public conduct during the partnership must align with your company’s values. Outline the consequences for any behavior that could negatively impact your brand.
6. Termination Clause for Reputational Damage: Plan for crisis scenarios. Include an immediate termination clause for reputational damage. It should allow your company to end the contract quickly in case of controversy, as well as hold the influencer liable for losses and damages.
An agreement that ignores these points leaves the Brazilian company vulnerable to financial and, especially, image risks. By detailing these six clauses, you transform a standard agreement into a strategic management tool. The result is a more secure partnership, with clear responsibilities and a genuine focus on protecting your reputation and maximizing the return on your investment.
