It’s Time To Monitor Your Influencers. We Can Help.

by: Jamie Rubin

Monitoring your influencers for compliance with their legal and contractual obligations has never been more important. Brands like DSW and Crumbl Cookie are being sued by music labels for millions of dollars over the alleged unauthorized use of music in paid influencer posts. Other brands like Celsius and Revolve are being sued for the alleged failure by their paid influencers to disclose they were paid. 

InfoLawGroup now offers an influencer monitoring service to help manage these risks.  The FTC has made it clear that monitoring influencers and taking action for non-compliance is essential and will, in many cases, shield a company from non-compliance with FTC requirements. Please reach out to an InfoLawGroup attorney with whom you work or email us at info@infolawgroup.com to discuss this service.  In the meantime, below are pertinent details. 

ILG Influencer Monitoring Service

Quarterly Checks

Every quarter we will do a check of relevant influencer posts on the social media platforms specifically designated by you. Our monitoring service will examine what they are posting, when they are posting, and if they are posting as agreed to in their contracts.

Deliverables

The deliverable to you will be a report in the form of an excel spreadsheet or Google doc that will include all the above information as well as a brief analysis of findings, which we will submit to you every 90 days or whenever you request it. For violations, reports will be sent to you sooner.

Fees

Our fees for this service are on a flat fee per influencer per quarter basis of $1500.

Simple Set Up

All we will need to get started are the influencer contracts or other documentation that includes the details of the relationship with each influencer such as the following:

1.            Social Media site/s for the post (if known)

2.            The type and number of posts (if known)

3.            Requested date/s of post (if known)

4.            Required hashtags and any other requested/required language

5.            Restrictions i.e., promotions of similar or competing brands

6.            The influencer guidelines document provided by your company to each influencer.

7.            The type of material connection between your company and each influencer (unless already described in the contract) – e.g., money, free goods/swag, free trips, etc.

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.