Influencer agreements – what should the agreement include? A checklist for companies and creators

By Mallbutiken · Facts checked 30 September 2026 · Approx. 8 minutes read

An influencer agreement should make three things clear from the start: what is to be delivered, how the marketing may be conducted, and who may use the content after publication. In addition, the parties need to regulate compensation, approval, timeline, advertising disclosure, statistics, exclusivity, cancellation, and liability.

Advertising disclosure: what must be clear?

According to Section 9 of the Marketing Act, marketing must be designed and presented so that it is clearly stated that it is marketing. It must also be clear who is responsible for the marketing. High standards of clarity are required on social media because advertising is mixed with editorial or personal content.

The Swedish Consumer Agency's current guidance emphasizes that the recipient should understand that the post is an advertisement even upon a fleeting contact. The disclosure should therefore not be hidden far down in the text, among hashtags, or in a way that requires the user to first interpret the post.

The agreement should describe a joint work process: which advertising disclosure to use, where it is placed, who checks the post before publication, and how errors are corrected quickly. The legal assessment is always based on the actual marketing, not solely on what is stated in the agreement.

What should an influencer agreement contain?

Define the delivery so both parties can control it

“Three posts on Instagram” leaves many questions open. Are they Reels, Stories, or regular feed posts? Should three Stories count as three deliveries? How long should the content remain? Which product is to be shown? When should drafts be submitted and how many rounds of corrections are included?

A campaign brief should therefore contain a delivery plan per channel. Also specify what is mandatory and what falls within the influencer's creative freedom. Too detailed scripts can make the content less credible, while an overly vague brief increases the risk of incorrect product claims or missing business goals.

Separate performance from results

If compensation depends on views, clicks, or sales, the measurement method needs to be defined. Specify source, time period, attribution model, and how returns or cancelled purchases affect commission. A certain number of views, however, can be difficult to guarantee when the platform's distribution is controlled by algorithms that neither party controls.

Content rights: payment does not automatically grant unlimited use

A common conflict arises when the company wants to reuse the influencer's material in its own channels or ads after the campaign. Therefore, regulate the use explicitly instead of assuming that payment automatically grants all rights.

For example, distinguish between:

• the influencer's own organic publication,
• the company's organic repost on social media,
• use on websites and e-commerce,
• newsletters and CRM,
• in-store material and events,
• paid advertising,
• whitelisting, Partnership Ads, or Spark Ads,
• use of raw material,
• editing, cropping, translation, and new versions.

For each area, you can specify period, territory, channel, and any separate compensation. Paid media may have a different commercial value than an ordinary organic repost and should therefore not be hidden in a broad phrase about “free use”.

Compensation, products, and affiliate

Document all forms of compensation. This also applies to products or services that the influencer gets to keep. If products are only borrowed, the return, condition, and any risk during the loan should be stated.

For affiliate setups, the agreement needs to state how commission is calculated, which attribution period applies, which purchases are excluded, and how the parties get access to statistics. Tax and fee issues depend on the setup and the parties' status and should be assessed separately.

Approval, product claims, and corrections

The company's primary responsibility for marketing makes a clear control process particularly important. Provide a list of verified product facts and mark claims that may not be used without specific review. This is especially important in regulated or sensitive product categories.

Also decide how quickly an incorrect or prohibited post should be corrected or removed. A retroactive change can reduce continued spread but does not undo a violation that has already occurred. Practical contact routes and short deadlines are therefore valuable.

Influencer agreements and UGC agreements are not always the same thing

In a classic influencer collaboration, the influencer's own reach and publication are often a central part of the assignment. In a pure UGC setup, the creator instead produces material that the company publishes itself. The focus then shifts towards production, license, raw material, paid media, and use of the creator's name, image, or voice.

It is possible to combine the models, but then explicitly write which deliveries are published by the influencer and which are only delivered to the company. For a direct comparison, read UGC agreements or influencer agreements – what is the difference?. See also Mallbutiken's templates for influencer, UGC, and marketing.

Checklist before signing

• Are the campaign's purpose and target audience clear?
• Is there a delivery plan with format, channel, dates, and minimum duration of publication?
• Are advertising disclosure and the advertiser clearly regulated?
• Are there approved product facts and a review process?
• Are all forms of compensation and payment terms documented?
• Are content rights divided per channel and usage?
• Are paid media and whitelisting regulated separately?
• Is any exclusivity limited in time and category?
• Are statistics and affiliate attribution defined?
• Is there a routine for correction, removal, cancellation, and other breaches of contract?

Do you need a clear agreement for the campaign?

Mallbutiken’s influencer agreement includes a main agreement and four practical appendices for campaign brief, compensation/affiliate, rights/license, and advertising control. Delivered in Word and PDF. Price in store: 149 SEK.

See the influencer agreement template

Frequently asked questions

Can the company write in the agreement that the influencer is solely responsible for advertising disclosure?

The parties can distribute tasks and contractual liability between themselves, but the company cannot contract away its primary marketing law responsibility for marketing conducted on the company's behalf.

Is #ad or #collaboration enough?

The assessment depends on how the disclosure actually appears to the recipient. The Swedish Consumer Agency emphasizes clarity even upon a fleeting contact. Therefore, design the disclosure so that it clearly signals advertising and specify the advertiser.

Must all usage rights be purchased from the beginning?

No. Often it is better to agree on the usage the company actually needs and price broader or longer rights separately.