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The Importance of a Formal Contract for a Digital Influencer

Did you know that traditional marketing is being overtaken by digital influencers?


It's essential to highlight that 49% of young people's decisions to acquire goods/services are influenced by digital influencers, a profession that is growing increasingly fast worldwide due to its authenticity and real interaction with the target audience.


It must be noted that informal contracts, which are mostly verbal or through app conversations, do not ensure legal security for both parties.



Here are the essential requirements that should be included in the contract:


- It must protect the intellectual property of both parties;

- Clearly outline the responsibilities and limitations of both parties;

- Describe the influencer's service provision, including, for example, the number of posts, potential leading promotions, and dissemination of keywords (hashtags);

- The contract's duration;

- The form of remuneration, commissions, and exchanges;

- Definition of the payment currency, as well as the Country, State, and City to discuss the contract's litigation;

- Tax charges;

- Penalties and reasons for contractual termination;

- Secrecy and confidentiality;

- Possible non-compete clause;


Therefore, to avoid future problems, always consult a specialist to guide and assist you in the best way possible.


Annie Santos Ponce Montini

OAB/SP 360.523


Nelson Alexander Schepis Montini

OAB/SP 316.892



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