Get All Access for $5/mo

Let's Get Legal: Determining Contracts For Your Brand's Influencers Without referencing the numerous celebrity mishaps in roles as brand advocates or influencers, it's really a no brainer to say that these individuals must be chosen with care.

By Ankit Ojha

Opinions expressed by Entrepreneur contributors are their own.

You're reading Entrepreneur Middle East, an international franchise of Entrepreneur Media.

Shutterstock.com

Without referencing the numerous celebrity mishaps in roles as brand advocates or influencers, it's really a no brainer to say that these individuals must be chosen with care. Should a company choose an ambassador who later manages to inadvertently evoke volatile feelings, consumers will quickly react hitting a company's bottom line pretty hard. When entering into any sort of agreement along these lines, being proactive rather than reactive is key.

Such mishaps must be considered from the very beginning- at the contractual stage. "Contractually, a brand owner must ensure that any alteration to the reputation of the personality will allow the brand owner to terminate the contract," says Fiona Robertson, Senior Associate in Technology, Media and Telecommunications, at corporate law firm Al Tamimi. "We also recommend that the contract states that the brand will exclusively control the way in which the announcement about the termination is made to the media- and this should specifically include social media as well, so that the personality is in no doubt about their position when it comes to a Twitter feed or an Instagram account." And there can be more such safety measures set up beforehand as well. According to Robertson, should the contract also "ensure that the personality no longer uses or wears the brand after termination," or even not "talk about the brand after termination," then the contract will more or less end up being a wisely thought out one.

The importance of taking time to draft these agreements cannot be understated. "The purpose of contracting with a brand ambassador is to promote the brand with a view to contribute positively to the goodwill a brand carries," says Omar Obeidat, Partner and Head of Intellectual Property at Al Tamimi. And so, if a situation arises where there is practically no goodwill left by the ambassador to give to a certain market –a la Trump in the Middle East- it is thus critical that a brand take preemptive measures to protect its identity when setting up alliances with influential figures. It's like an insurance policy- you may think you don't need it, but you never know when you will.

An aspiring filmmaker and a passionate movie blogger, Ankit Ojha writes regular film reviews for his own blog Cinema Elite, and is also a contributor to Empire Magazine Arabia. He has a varied experience in television, radio and print, having produced for -and promoted- many a brand, including the Middle East sector of Fox International Channels, among others. 

Side Hustle

The Side Hustle He Started in His College Apartment Turned Into a $70,000-a-Month Income Stream — Then Earned Nearly $2 Million Last Year

Kyle Morrand and his college roommates loved playing retro video games — and the pastime would help launch his career.

Social Media

I Built a Social Media Following of 1 Million in 30 Days. Here's How You Can, Too.

By applying these social strategies you can build a huge following with high levels of engagement.

Business Ideas

87 Service Business Ideas to Start Today

Get started in this growing industry, with options that range from IT consulting to childcare.

Leadership

Emirates Inks Partnership With HiDubai To Strengthen Dubai's SME Ecosystem

Under this agreement, Emirates will reach out to and engage with over 180,000 SMEs on the HiDubai platform.

Entrepreneurs

Here Are The 20 Startups Selected For The Eighth Cohort Of The MBRIF Innovation Accelerator Program

The final participants of the year-long program were selected from over 200 applicants from across 35 countries.

Starting a Business

No Limits: Union Square House Real Estate Broker's Gaurav Aidasani Has His Eyes Set On Transforming The Industry

Armed with some savings, the team did extensive research to understand their client's needs, especially as the market was recovering from a recession.