Support in drafting and negotiating a contract with a brand ambassador
Recently, the law firm supported two of Poland’s most renowned automotive journalists in drafting and negotiating a comprehensive brand ambassador cooperation agreement. Although this type of agreement falls within the category of unnamed contracts (i.e., contracts not expressly regulated by statutory law), a number of standard solutions have developed in practice, giving such contracts a predictable structure.
A well-drafted brand ambassador agreement should take into account a number of nuances arising from the fact that an advertising campaign—although driven by marketing objectives—often takes the form of an artistic expression.
It is essential to define precisely both the scope of the services provided by the ambassador and the related logistical arrangements. The expectations and requirements will differ when the ambassador publishes content on their social media profiles compared with their personal participation in a promotional event organized abroad.
It is also important to establish the rules governing the use of the ambassador’s image and other personal rights, as well as the permissions granted by the ambassador for the other party to distribute materials created during the campaign. By way of example, a promotion carried out in the form of an advertising banner will require entirely different arrangements than one that reaches the consumer directly, for instance in the form of a product label.
Balancing the Interests of the Parties in the Process of Creating Promotional Materials
During the course of the work, it is impossible to overlook issues related to the ambassador’s influence on the final form of the promotional materials—this is an area where the parties’ interests may diverge significantly. Naturally, the ambassador seeks to have as much influence as possible over the content and form of the message. The other party, in turn, aims to retain the greatest possible freedom in shaping the marketing communication.
The agreement should also include carefully considered provisions regarding the prohibition of competitive activities, taking into account the specifics of the market and the necessary exceptions allowing the ambassador to maintain freedom in other projects. The rules for ending the cooperation will also remain significant – particularly with regard to the subsequent fate of materials created as part of the contract – as well as the rules governing any possible extension of the agreement’s validity period.