The Influencer Agreement: What It Must Contain

Deliverables and posting schedule

The most common disputes stem from vagueness about what was actually agreed. The contract must therefore define the deliverables precisely in quantity, type, and timing, instead of a general phrase such as a marketing campaign.

• The number and type of posts (permanent post, story, short video, live stream) and the platform each one is published on.
• How long the content stays live, especially stories that disappear automatically, and whether they must be pinned or saved to highlights.
• The agreed publishing dates or time window, and any required peak posting times.
• Mandatory hashtags and mentions, and the company link or promo code that must be included.

Content usage rights and licensing

By publishing the content, the influencer creates a work protected under the Copyright Law. Unless the contract expressly grants a usage license, the rights remain with the influencer, and the company has no right to repost the content in its ads, accounts, or website. The contract must therefore include a clear clause defining the scope of the license granted to the company.

• Scope of use: whether it is limited to reposting on the company's accounts, or extends to paid ads, the company website, and printed marketing materials.
• License term: limited to a period (for example one year) or perpetual, and whether it is renewable.
• Geographic scope, usually within the Kingdom of Saudi Arabia unless otherwise agreed.
• The influencer's moral right to be credited as author remains reserved and does not transfer with the license.

Advertising disclosure and the mandatory permit

Paid advertising in Saudi Arabia is regulated by the General Commission for Audiovisual Media (GCAM). Anyone who carries out advertising for a fee through audiovisual media, including influencers, is required to obtain the approved advertising permit before publishing paid ads. This is primarily an obligation on the influencer, but it is in the company's interest to confirm it exists and to state it in the contract to avoid violations.

• The influencer's representation that he holds a valid advertising permit from GCAM, or that he will obtain it before any paid posting begins.
• The influencer's commitment to clearly disclose the advertising nature of the content using a label such as Ad or Paid Partnership, as the regulation requires.
• The influencer bearing responsibility for any violation arising from failure to disclose or absence of the permit, and the company's right of recourse for fines.

We recommend verifying that the permit is valid at the time of contracting, since the Commission's procedures vary and are updated from time to time, so rely on what is officially published at the time of contracting.

Exclusivity, approvals, and review

If it matters that the influencer does not promote a competitor during the campaign, this must be stated expressly, since the default is that no exclusivity exists. It is also advisable to set an approval mechanism for the content before publishing so the message matches the company's identity.

• The scope and duration of exclusivity: against the product category or named competitors, and during the campaign only or for a set period afterward.
• The company's right to review and approve the content before publishing, with a reasonable response window to avoid disrupting the schedule.
• The company's right to request edits if the content breaches the agreed guidelines or applicable regulations.

Payment, VAT, and cancellation

Define the fee clearly, the payment date, and whether it is split (an advance plus a payment on delivery). If the influencer is registered for VAT, the contract must state whether the amount is inclusive of the 15% tax or exclusive of it, together with his obligation to issue a compliant tax invoice.

• The fee amount, the payment currency, the payment method, and the date of each instalment.
• The treatment of the 15% VAT and the registered influencer's obligation to issue a tax invoice.
• Cancellation terms before commencement, and what fee is due on cancellation after commencement or partial delivery.
• The refund mechanism for non-performance or non-conforming performance, and the right to withhold the final instalment until deliverables are complete.

Frequently asked questions