Promoter acknowledges and agrees that Sponsor for the purpose of performing the Services under this Agreement shall own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the universe and in any and all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or created by the Promoter for this Agreement, and any and all intellectual property rights thereto, including trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (collectively, the “Content”), including the right to sublicense the Content to Sponsor's brand partners (the “Brand Affiliates”). Notwithstanding the foregoing, Promoter may delete posts from his/her owned and/or controlled social media channels containing any Content after a period of ninety (90) days from the post date.
In the above example, the brand is taking full ownership of all content produced according to Schedule A. That does not mean the brand owns all content produced during the contract period, but only the content listed in the contract itself. Like it or not, this is a standard part of most modern promoter marketing programs. Brands are paying what they see as good money for a piece of content, and they want to be able to use that in future marketing efforts. That may include everything from a banner ad on the web to a billboard in Times Square. And yes, the brand can even resell or license your content for money to another party, and keep the proceeds.
Every situation is unique, and if you don’t like the idea of a brand owning your content you can always request this be removed. Of course, the brand can always push back too!
Sponsor shall cause Promoter to grant to Sponsor and to Brand Affiliates a limited, nonexclusive, royalty-free, right and license to feature Content generated by the Promoter as part of the Campaign (including promoter's name and likeness) on Sponsor’s and Brand Affiliates owned and controlled social media platforms and within third-party digital and broadcast platforms and print platforms including but are not limited to: ad networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, Vine, Google+ and website blogs for a period of twelve (12) months.
The Usage section of Rights governs where the brand can use influencer content and the length of that use. In this case, the brand wants to be able to use any content the influencer creates under Schedule A in just about any media channel. There is a 12-month time limit though, and after that, if the brand continues using content from the influencer they could find themselves having to pay up. An influencer should carefully consider this portion of the contract and be aware that the brand does not have to inform the influencer when and where that content is being used.
Brands love to extend value for their creative work as far as it can go. Don’t be surprised if you see your face pop up in an unexpected place after engaging in a brand campaign!
Sponsor grants to Promoter a temporary license to use the Brand Affiliates name and promotional materials as may be necessary to achieve the promotional purpose but only in compliance with the Guidelines and only to achieve the promotional purpose as described in the Schedule A. Promoter grants to Sponsor a perpetual license to use Influencer’s name and likeness in all media including the Company website and the brand website and on social media sites and in all formats of print and digital media advertising.
What would a promoter campaign be if the promoter didn’t have the right to use the brand name? It’s really the whole point of promoter marketing, so the above section outlines how the promoter may use the brand name and trademarks. Guidelines are provided in the attachments, which vary from brand to brand. It’s a two-way street. The brand may also use your full name and image in their marketing materials too, and unless specified in Schedule A, you typically won’t be compensated for these additional uses.