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Branded Content Agreement

For creators being paid to make new content for a brand — sponsored posts, dedicated videos, content-for-hire, and ongoing partnerships. Covers deliverables, usage rights, exclusivity, FTC disclosure, payment terms, and optional equity compensation.

Already have content the brand wants to use? See the Content Licensing Agreement instead.

Drafted by a Harvard Law entertainment attorney.

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Is this the right contract for your brand deal?

This contract is built for a creator, influencer, or public figure who agrees to make new sponsored content for a brand. It fits paid partnerships where the deliverables, posting schedule, payment, usage rights, and disclosure responsibilities need to be set in writing before the content goes live.

Good fit for

  • Creators making sponsored posts, videos, or stories for a brand
  • Brands paying for new content from a creator
  • One-time campaigns or ongoing partnerships
  • Deals that include paid media, whitelisting, or Spark Ads
  • Partnerships that need clear approval and disclosure terms

You may also need

Before you start

It helps to have these details on hand before you create your contract:

  • Creator and brand names
  • The deliverables and which platforms
  • Posting schedule and any deadlines
  • The fee and when payment is due
  • Usage rights and how long they last
  • Whether paid media or whitelisting is included
  • Any exclusivity in a product category
  • Who handles FTC disclosures

What's Inside This Contract

Scope of engagement and deliverables

Sets the content the creator will make, the platforms, approval steps, and posting schedule.

Compensation

Covers the fee, any product or expenses, and when payment is due.

Exclusivity

States whether the creator must avoid competing brands and for how long.

Intellectual property and usage rights

Explains who owns the content and how the brand may use it, including paid media.

Data and reporting

Covers performance metrics and reports the creator shares with the brand.

Representations and warranties

Each side's promises about authority, honest content, and following platform and FTC rules.

Termination

How either side can end the deal and what happens to content and payment.

Disputes and general provisions

Covers standard terms such as notices, how disputes are handled, and signatures.

Points Worth Negotiating

  • How many posts are required and on which platforms
  • Whether the brand can use the content in paid ads
  • How long the brand can use the content
  • Whether the creator must avoid competing brands
  • Who approves captions, edits, and final content
  • When payment is due

Frequently Asked Questions

What is a branded content agreement?
It is an agreement where a creator makes sponsored content for a brand. It sets the deliverables, payment, usage rights, and how the partnership is disclosed.
Who should sign a branded content agreement?
The creator and the brand both sign. If the creator works through a company, the company signs, and a guardian signs for a creator who is a minor.
What are usage rights, and why do they matter?
Usage rights define how, where, and for how long a brand can use the content you make. Watch for rights that last forever or stretch far beyond the original posts without extra pay.
What is whitelisting or Spark Ads?
Both let a brand run ads through your account or boost your posts as ads. Whitelisting gives a brand ad access to your handle, and Spark Ads is TikTok's version. Negotiate them separately, each with its own time limit and pay.
Who is responsible for FTC disclosures?
Sponsored content must be clearly labeled as an ad. A good agreement names who is responsible for disclosures so both sides are clear.
What should I have ready before creating it?
Have the creator and brand names, the deliverables and platforms, the posting schedule, the fee and payment timing, usage rights, any paid media or whitelisting, exclusivity, and who handles disclosures.
Should I choose the custom contract or the editable template?
Choose the custom contract to answer a few questions and have it filled in for you. Choose the editable template if you prefer a blank version with labeled fields to complete yourself.
What are common warning signs in a branded content agreement?

These are common issues to watch for in any branded content agreement:

  • Brand gets unlimited rights forever
  • Paid media rights are not clearly limited
  • Broad exclusivity that blocks future work
  • No payment deadline
  • No approval timeline
  • FTC disclosure responsibility is unclear
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