Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth?

There are a number of factors that can be used to evaluate whether your social media influencer endorsement deal is fair. If you do not know or have questions about the fairness of your social media influencer arrangement, it may help to consult with experienced Social Media Influencer Attorneys like the ones at Revision Legal.

In this article, we list some factors to consider when considering the fairness of your deal.

NIL Rights

For example, does your endorsement agreement allow the business to use your name, image, and likeness (“NIL”)? If so, your deal should pay you for use of your NIL rights since the more rights to license for use, the more you should be paid. Endorsements are, of course, a form of marketing and often involve an agreement to allow use of the endorser’s name, imag,e and likeness rights. In endorsement agreements, this right is sometimes disguised or “buried in fine print” about the use of photos or video. Anybody has the right to control how their name, image, and likeness are used.

Further, does your endorsement deal allow the advertiser to use your NIL in other forms of marketing? If so, you should be paid even more. It is one thing to allow your photo or video to be used for the specific event, convention, or streaming. It is another thing to allow the advertiser to use your photo or video for other purposes. You should be paid for those other uses, and there should be a time limit on how long your NIL can be used.

Influencer obligations

Another factor bearing on the fairness of a social media influencer endorsement deal is the type and number of appearance obligations imposed by the agreement. There are several types of appearances, including in-person, over-the-phone, creating your own podcast/video, appearing on another person’s podcast or other internet video, on internet platforms like TikTok, YouTube, etc. In general, you should be paid more for a higher number of appearances and for appearance types that require significant extra effort.

What are other influencers getting paid?

Another factor involves what other social media influencers are getting paid for their endorsement agreements. To evaluate this factor, the comparison should be “apples to apples.” In other words, you have to compare yourself to another influencer with similar reach, number of followers, etc.

Terms, renewals, and exclusivity

Influencers should be paid more for their endorsement deals if the term of the agreement is lengthy, if the terms auto-renew in some manner, and if the deal is exclusive. Exclusivity means that the influencer is not allowed to have OTHER endorsement deals.

Contact the Internet Law and Social Media Attorneys at Revision Legal

For more information, contact the experienced Internet Law and Social Media Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.