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Influencer Liability Talking Points #SMDaySD


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Influencer Liability Talking Points #SMDaySD

  1. 1. Influencer Liability “Success usually comes to those who are too busy to be looking for it.” Henry David Thoreau @MitchJacksonStreaming.Lawyer
  2. 2. Influencer Liability @MitchJackson Major Issues Federal Trade Commission (FTC) Compliance “Clear and conspicuous disclosure” Laws: Conflict of laws, changing laws and contracts Share #SMDAYSD Streaming.Lawyer
  3. 3. Influencer Liability @MitchJackson Major Players Brands Social Media Agencies Influencers Share #SMDAYSD Streaming.Lawyer
  4. 4. Influencer Liability @MitchJackson Major Contract Terms (page #1) • Written Contracts • Start and Finish Dates • Termination Provisions • Compensation Plan • Truth and “No Fraud” Provision • Intellectual Property (IP) Rights • Content Retention Rights Share #SMDAYSD Streaming.Lawyer • Compliance Agreement • Exclusivity Agreement? • Confidentiality Clause? • Scope and Delivery Format • Metrics | ROI • Liability Insurance • Indemnification
  5. 5. Influencer Liability @MitchJackson Major Contract Terms (page #2) • Hold Harmless • Applicable Laws/ Venue • Mediation and Arbitration • Attorney Fees • Signature (Personal or Corp) • Original and Digital Share #SMDAYSD Streaming.Lawyer • Do Biz as a Corp or LLC • Promote as an Entity