Legal Glossary
Every legal and industry term you'll encounter in influencer contracts — explained in plain English, with creator vs. brand context and red flag warnings.
Showing 16 of 16 terms
Deliverables
The specific content, posts, videos, or other output a creator is contractually required to produce within a campaign. Deliverables typically specify format, quantity, platform, length, and deadline.
Exclusivity / Non-Compete
A clause that restricts the creator from working with competing brands or promoting competing products during (and sometimes after) the contract term. Exclusivity can be full-category, platform-specific, or limited to a specific competing brand list.
Usage Rights / License
The permission granted by the creator to the brand specifying how, where, when, and for how long the brand can use the creator's content. Key dimensions include: platforms, geographic territory, duration, and whether sublicensing is permitted.
Indemnification
A contractual obligation where one party agrees to compensate the other for losses, damages, or legal costs arising from specified events—typically the indemnifying party's own actions, misrepresentations, or breaches of the agreement.
Kill Fee
A predetermined payment owed to the creator if the brand cancels a project after work has already commenced. Kill fees compensate creators for time, resources, and opportunity costs incurred before cancellation.
Morality Clause
A provision allowing a party—typically the brand—to terminate the agreement if the creator engages in conduct that the brand deems offensive, illegal, or harmful to its reputation. Exact triggers vary widely by contract.
FTC Disclosure
The Federal Trade Commission requires that creators clearly and conspicuously disclose any material connection to a brand when promoting its products. This includes paid relationships, free product, and equity stakes. Required disclosure tags include #ad, #sponsored, or similar language per FTC guidelines.
Right of First Refusal
A contractual provision giving the brand the option to match any competing offer and renew the creator's services before the creator can accept work with a competitor or sign with another brand in the same category.
Content Approval / Revision Rounds
The contractual process by which the brand reviews creator content before publication, including the number of revision requests the brand may make and the timeline for approvals. Revision rounds define the feedback cycle between creator and brand.
Perpetual License
A license to use content that never expires. Unlike a time-limited license, a perpetual license grants the licensee (typically the brand) the right to use the creator's content indefinitely—often combined with 'irrevocable' and 'worldwide' terms.
Whitelisting / Dark Posting
Whitelisting (also called creator licensing or dark posting) allows a brand to run paid ads directly from a creator's social account, targeting audiences the creator cannot reach organically. Dark posts appear in the ad feed but not on the creator's public profile.
Influencer-of-Record
A designation naming the creator as the official, exclusive spokesperson or 'face' of a specific campaign, product line, or brand. Being Influencer-of-Record typically carries broader usage rights obligations and may include whitelisting provisions.
Force Majeure
A contract clause that excuses a party's non-performance when extraordinary events outside either party's control—such as natural disasters, pandemics, or government actions—make performance impossible or impractical.
Governing Law
The clause specifying which state or country's laws will govern interpretation and enforcement of the contract, and typically designating a jurisdiction where disputes must be litigated or arbitrated.
Payment Terms (Net 30/60/90)
The payment schedule specifying when and how creators receive compensation. 'Net 30' means payment is due 30 days after a triggering event (invoice submission, content delivery, or campaign launch). Net 60 and Net 90 extend these timelines further.
Name, Image & Likeness (NIL) Rights
The right to use a person's name, image, and likeness for commercial purposes. In influencer contracts, NIL rights define how the brand can use the creator's identity—including photos, videos, voice recordings, and digital representations.
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