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Home / Contracts & Documents / Influencer Agreement
Last updated: 2 October 2026
Brand–influencer collaborations need clear terms on what is posted, how it is disclosed, who owns the content and how payment works. Expertvuw’s team drafts influencer agreements for brands, agencies and creators, in line with the CCPA endorsement guidelines and ASCI rules.
Influencer marketing in India is regulated mainly through consumer law and self-regulation. The Department of Consumer Affairs’ “Endorsement Know-hows!” guidelines (January 2023) require celebrities, influencers and virtual influencers to disclose any material connection with a brand — payment, free products or other benefits — using clear labels such as “advertisement”, “sponsored” or “paid promotion”, and to endorse only products they have used or experienced. Health-related endorsements carry additional disclosure expectations.
The Advertising Standards Council of India (ASCI) influencer guidelines set how and where disclosures appear, and since 2025 expect influencers giving technical health or financial advice to hold and display relevant qualifications — for example, SEBI registration for investment advice. Misleading endorsements can attract penalties under the Consumer Protection Act, 2019 for both brands and endorsers.
Contracts should also cover content approvals, usage rights and duration, exclusivity, morality clauses, payment milestones, TDS on payments under the Income-tax Act and GST where applicable.
Basis: Consumer Protection Act, 2019 (misleading advertisements and endorsers); CCPA / Department of Consumer Affairs “Endorsement Know-hows!” (2023) and health add-on; ASCI Guidelines for Influencer Advertising in Digital Media (updated 2025); Income-tax Act, 2025. Last updated: 27 September 2026.
Payment, free products or other benefits must be disclosed.
Use "advertisement", "sponsored" or "paid promotion".
Endorse only products actually used or experienced.
Health and finance advice needs relevant qualifications (ASCI 2025).
Misleading endorsements can attract Consumer Protection Act penalties.
Usage rights and duration should be written down.
Influencer campaigns often run on messages, not contracts.
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Influencer agreements connect with these services.
Content disclaimers and disclosures.
Social media marketing.
Freelancer agreements.
Protecting creative content.
Understand the campaign.
Prepare the agreement.
Build in disclosure rules.
Parties review.
Execute.
Check posts for compliance.
Compliance continues through the campaign.
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Share your query and our team will reply during business hours.
Yes. Material connections must be clearly disclosed under the 2023 endorsement guidelines and ASCI rules.
Yes. Misleading advertisements can attract penalties for brands and endorsers.
Personal investment advice requires SEBI registration; ASCI expects qualifications to be disclosed.
Whatever the agreement says; usage rights should be defined.
Yes, where applicable under the Income-tax Act.
ACS – Director, Expertvuw Management Pvt Ltd
Agreements and policies are drafted by Expertvuw’s team for your review and negotiation. Where you need a legal opinion, dispute advice or representation, it is provided by independent advocates. Expertvuw is a corporate services company, not a law firm.