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How Apple’s New Privacy Rules are a Good Thing for Influencers

I was probably unreasonably geeked when I saw that Apple’s new privacy rules that are rolling out in the fall of 2020. In this short post, you’re going to have an understanding of what Apple’s new privacy practices are, how they will affect the online space and why it’s a good thing for content creators.

Apple’s New Privacy Rules: The Features

When an app wants to track or collect data on a user, an Apple device will prompt the user. You’re actually already familiar with this. It’s just like the prompt you receive if an app wants to access your photos or access your microphone. But now, thanks to Apple’s new privacy rules, that prompt will say “Do you permit [app] to use your location data?” (For example.)

Also, an app will have to say which data they have on you that is linked to you. For example, financial information, contacts, browsing history, location purchases, and identifiers.

Probably the coolest part of this update is what Apple’s User Privacy Manager calls a “nutrition label for apps.” After the update, when you log into the app store, you will see that each app will have a nutrition label of sorts that shows what data they collect from users of the app, and what they do with it. That will be that data that’s linked to you and data that’s used to track you. The privacy updates will also apply if you’re a safari user. You will see a privacy report on that bar of Safari. You’ll be able to see all the third party trackers on a website when you’re on a website using Safari.

How is This Good for Content Marketing?

So what does this mean for content creators and influencers? Well, first, people in general might be less inclined to use certain apps once they see how their data is being used. Second, and most importantly, bought and paid for ads like Google ads like Facebook ads may start to be less effective when people are more in control of their own data.

That is where organic content marketing comes in. If traditional advertisements are less effective, because the data tracking has become harder to do or less effective itself, then don’t you see how organic content marketing can be all the more attractive? You, as a content creator, have analytics that don’t tie to any specific person. You can show engagement and keep track of that information without violating anyone’s privacy. And so content marketing and influencer marketing can only go up in value.

My opinion is that content marketing and influencer marketing will only continue to increase. So keep plugging away, and keep creating that content.

Breaking Up With A Brand (+ protecting yourself in the future)

It’s no secret that we are in the middle of a huge, huge civil rights movement. And one of the many consequences of that is that our eyes are being opened as to the values of many brands. Consumers are looking into the values of different companies and different brands where they spend their money.

You, as an influencer might find yourself wanting to break up with a brand because your values and that brand’s values don’t align. Maybe that brand is a little too apathetic for your taste, or the brand has been outwardly, atrociously racist.

So how do you break up with a brand? What do you do? In this post, you will learn what to look for in your existing endorsement contract if you want to break up with a brand. You’ll also learn about a few things to have in place before you sign with a brand. So here we go.

Breaking Up an Existing Brand Deal

Let’s first discuss where to look if you’re thinking of breaking up with a brand you’re currently involved with. Number one, you want to look at the termination section in your existing contract. In other words, under what circumstances can a relationship be terminated? Most likely, your contract will say something about when you can terminate. But you also want to make sure and see what happens to any existing obligations if you terminate the agreement. Also, what happens to the money if you terminate?

Number two, if there’s nothing there to guide you, then think about having a conversation. It could be just a matter of you saying, “Look, I’m very passionate about X. You do not seem to feel the same way. We, as an influencer and brand, don’t make sense. I don’t see any reason to continue this relationship further.” You never know where a conversation might get you.

Protecting Yourself in Future Brand Deals

There are some things to look out for before signing your name on the dotted line in future brand deals. Ideally, you build in the ability to break up with a brand if you don’t jive with it any longer. You’re also protecting yourself from getting the axe under some unfair circumstances.

So first, again, make sure that the termination section is there to protect you. You want to understand when it’s okay for you to terminate, and understand what, if any, waiting periods apply if you want to terminate. Sometimes, for example, 30 days’ notice might be required. And then, again, you want to understand what happens to any money they paid you up front if you terminate.

Next, consider a mutual morality clause. A morality clause is something that you find in a typical endorsement contract. Even before the age of Instagram influencers, you’d see a morality clause. You think about this in the context of athletes more traditionally. What comes to mind for me? Tiger Woods and his whole cheating/ sex scandal thing. He lost $22 million in endorsements throughout the course of the year when all of that came out. It’s meant to cover scandals and “bad behavior.” But again, we could argue that it should cover “bad behavior” on the part of a brand, too. So if there’s a morality clause that speaks to your behavior, turn that right around and make it mutual. (Mutual meaning it goes both ways.)

Another, more creative option is to put in a clause that basically says:

“Hey, I, influencer, I talk on a number of things that I’m passionate about. And if there’s a topic that I have posted about or spoken about before, then you cannot terminate this agreement based on me talking about that, again.”

This idea is not the end-all-be-all because it doesn’t protect you from obviously talking about new passions, new interests. But it’s an additional protection that you might think about.

Finally, in terms of protecting yourself in the future, do your due diligence. It’s impossible to find out everything, but do your due diligence. Research a company before you sign with them. Look into what people have said about them. Snoop on Glassdoor to see what employees and workers have said about them. Look on social media, see if anyone has had issues not only with the company itself, but maybe one of its products or services. Do due diligence, do due diligence (that’s tongue twister, hmm?). Just look into a company before you sign.


So you’ve got some things to look at in your existing contracts in terms of finding out when how you can terminate under that contract and what happens if you do terminate. You can think about having those conversations with your contact at the brand if your contract is not clear. And then in the future, make sure that termination clause is there to protect you. Think about adding a mutual morality clause. Also consider that kind of more creative clause where you’re saying, “Hey, I have posted on these topics before, and if I post about them again, that can’t be grounds for terminating this agreement with me.”

So I hope that you have found this helpful in terms of breaking up with a brand and putting things in place to protect yourself before signing with a brand.

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Anatomy of an Influencer Endorsement Contract

If you have a dedicated following in your niche market, you might have dipped your toe in the affiliate pond, creating sponsored content with brands that you adore or just plain believe in. Or, you’ve found the perfect ambassador for your brand. Someone with a decent sized following that is (more importantly) very engaged. You know your sales will take off after affiliating with this influencer.

Sound familiar? Then this post is for you. It dissects some important provisions that a brand owner and influencer are likely to hash out when entering into an Influencer Endorsement Contract. Remember, contracts are you friend! (Or they should be.) A good contract makes sure both parties are on the same page so there is no ambiguity. It eliminates the need to comb back through texts, emails, or DMs to figure out what you agreed upon.

Disclaimer: Of course, this doesn’t cover each and every provision you’ll find in an Influencer Endorsement Contract. It does go through some important provisions that a good Influencer Endorsement Contract should cover. When in doubt, please contact a lawyer.

The Sponsored Content & Platforms.

A good Influencer Endorsement Contract will get very specific on the deliverables. And “deliverables” means whatever the Influencer is providing or “delivering.” What type of content are we talking about — a photo + caption? Photo or video-only media (like Instagram Stories or Snapchat)? A blog post? A blog post and a photo + caption? There shouldn’t be any question as to what’s covered, here.

Frequency.

Is the Influencer expected to post daily? Weekly? Monthly? Or maybe this is a one-off, one-time thing? Either way, a good Influencer Endorsement Contract will spell it out.

Exclusivity in Brand’s Field.

Many times, an Influencer will be expected to say “sorry, no” to brands competitive with the brand that’s hiring them for a specific endorsement campaign, at least for a certain amount of time during and/or after the term of the relationship with this brand. If that’s the case, the Influencer Endorsement contract should say so. It should also specify the exclusivity period that applies after the contract ends. One month? Three? A year? 

IP Ownership.

It’s common for IP ownership to go to the Brand, since the brand is paying the Influencer to post (and, sometimes, create) content in support of the Brand. Still, depending on the reach and “muscle” of the particular Influencer, ownership could go the other way. Either way, remember that copyright ownership usually goes to the creator by default. If Brand and Influencer agree otherwise (or even if they don’t), it behooves them to put that understanding in writing.

Compensation.

Compensation can come in the form of free goods provided to the Influencer, a lump sum payment, a percentage of sales, or some creative combination of these options. A sound Influencer Endorsement Contract will make the form of compensation, and other payment dates and details, clear.

Approvals and Brand Guidelines.

Approvals often come down to who has more bargaining power, although again, because the Brand is paying for an endorsement, a favorable Influencer Endorsement Contract should give some level of approval rights to the Brand. Many times a Brand will make Brand Guidelines part of the agreement. Brand Guidelines consist of text and image guidelines. For example, no swearing, no cigarettes, no religious references, no references to Brand’s competition by name, etc. An alternative to a Brand’s unfettered approval rights is to allow objection/rejection of content solely as it doesn’t comply with the Brand Guidelines. (After all, the Brand is likely familiar with the Influecer’s voice and style, or the Brand wouldn’t have the desire to enter into this agreement in the first place.)

Compliance with Laws.

Remember that FTC crackdown we’ve talked about? (Thanks, Fyre Festival.) The Influencer Endorsement Contract should make clear that whoever is responsible for the copy — whether that’s Influencer or the Brand — is responsible for complying with the FTC’s guidelines on disclosing that promotional connection between Brand and Influencer. 

So what’s a guy or gal to do when it comes time to enter into an influencer-brand sponsorship arrangement? You have options. For a bespoke contract that speaks to your each and every need, you can (and should) contact a lawyer. But for the DIY-ers out there, Spear IP is officially releasing an Influencer Endorsement Contract Template as part of its contract template arsenal! Click below to check it out. And, for being a devoted follower of the Spear IP blog, use code BLOG for a $10 discount!

What’s next? Click here to download your [free] Essential Legal Checklist from Spear IP.

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Sponsored Content and Posting the Right Way

sponsored content and posting the right way

Ever watch an old television show and notice the not-so-subtle product placement that was so commonplace back then? “Gee, Mary, these dishes sure are clean. You must be using Palmolive soap again!” Fast forward 65 years and sponsored content is still alive, but the medium and pitchmen have changed. Influencers and celebrities use Instagram and other platforms to make big money. But times are a-changin’ again, thanks to crackdowns — er, gentle reminders — by the FTC. Continue reading “Sponsored Content and Posting the Right Way”