Between accelerated collaboration, pressure on deadlines and increased monitoring of practices, commercial influence has shifted to a logic of proof. Contracts are no longer just a legal reflex: they have become a tool for management, compliance and performance.
Partnerships are often negotiated in private messages, but operational reality quickly catches up with good intentions. Once a certain level of value is reached, the written word provides a framework for deliverables, protects the brand and clarifies usage rights.
The subject goes beyond paperwork: it touches on transparency, intellectual property, taxation and risk management, with direct effects on a campaign's profitability.
Commercial influence: when the contract becomes a tool for compliance and trust
In an influencer marketing campaign, trust is built on verifiable elements. An exchange of e-mails may be enough to reach agreement, but it often leaves grey areas: who validates the script, what is the deadline for publication, what are the legal mentions, what are the rights of re-use in advertising? The written word is the final word. It frames the operation and reduces the scope for interpretation, especially when several parties are involved (brand, agency, agent, creator, sometimes a platform).
Since the June 9, 2023 law governing commercial influence and the fight against abuses, the principle of a written contract in certain situations. The decisive point, which has now been clarified, concerns the threshold: when the annual sum compensation and value of benefits in kind granted by the same advertiser, for a service or a set of services with the same objective. same promotional objectivereaches at least 1,000 EXCL. TAXthe written word becomes the norm. Beyond that, the absence of a contract is subject to a radical sanction: the nullity.
Contracts aren't just about covering your tracks. It also reassures the serious influencer: realistic timetable, payment terms, management of a validation delay, handling of a non-received product. A fictitious micro-entrepreneur, Lina, a beauty designer, can accept an endowment + remuneration. Without a contract, the value of the endowment is an afterthought. With a written contract, the value and conditions of attribution are fixed: less tension, more fluidity.
This need for a framework is found in structured strategies, such as those described in an effective influence strategywhere performance also comes from contractual clarity. Insight to remember: compliance becomes a lever for credibilityand credibility improves conversion.
Influence contract: essential information, €1,000 excluding VAT threshold and "same promotional objective" logic
The 1,000 EXCL. TAX is calculated on a yearly basis, per advertiser, by adding together the money paid and the benefits in kind (products, travel, invitations, services). The notion of "a set of services with the same promotional objective" prevents a campaign from being artificially broken down into small activations to avoid writing. A series of Reels to launch a range, even if spaced out over several months, still has the same objective: to publicize and sell the range.
Above the threshold, certain information cannot be left vague. The written document must include structuring mentions These include the identity and contact details of the parties, their country of residence for tax purposes, the exact nature of the assignment, remuneration or method of calculation, the value of benefits in kind and the conditions under which they are granted, as well as rights and obligations, particularly in terms of intellectual property. The question of rights is not an abstract one: a video designed for TikTok can be recycled as advertising. Metadigital display or landing page. Without a clause, the brand risks not being able to amplify legally, or having to renegotiate urgently, often at a higher price.
The contract must also specify its subject to French law (Code de la consommation, Code de la propriété intellectuelle and loi de 2023) when it targets an audience established in France or produces effects in this territory. This clause acts as a "compass" in the event of a dispute, particularly if the influencer is based abroad, a common situation since the globalization of audiences.
To make the decision actionable, a cross-referencing table helps to quickly qualify the writing obligation:
| Situation | Annual value per advertiser | Written contract | Main risk if absent |
|---|---|---|---|
| Single product test, without amplification | < €1,000 excl. tax (including endowment) | Often optional, but recommended | Unclear deliverables and "advertising" mentions |
| Series of contents for a single campaign | ≥ €1,000 EXCL. | Mandatory | Nullity + blocking usage rights |
| Collaboration via influencer agent | ≥ €1,000 EXCL. | Mandatory | Liability and payment disputes |
| Amplification paid + whitelisting | Variable, often high | Highly recommended even under threshold | Infringement of image rights and IP |
This contractual framework goes hand in hand with the need for legibility of performance: for example, the setting of KPIs (views, completions, clicks) becomes more robust when it is based on a common definition of metrics, as the following reminds us the importance of Instagram views. Insight final : a precise contract prevents performance from being discussed on the basis of perceptions.
The rise of short formats and native tools further complicates the management of versions and variations. On Reels, the question of language, subtitles and automatic variants can alter the meaning of a message and create a risk of non-compliance, a subject addressed in automatic translations on Reels.
When a campaign involves YouTube, the lifespan of the content also extends the scope of the rights granted. Best practices for long format and brand integration are in line with the recommendations outlined in the keys to YouTube influencers.
Commercial influence without a contract: operational trade-offs, borderline cases and securing campaigns
To say that the contract is not always compulsory does not mean that it is optional in practice. Sub-threshold cases are multiplying: gifting, promo codesevents, affiliations. However, these formats generate sensitive zones. Firstly, advertising must remain identifiable. Secondly, sector-specific constraints (health, finance, gambling) raise the bar. A designer may respect the spirit of the campaign, but omit a statement, use overly affirmative wording, or present an unproven benefit. Without a formal document, it's hard for a brand to demonstrate that it's on the right track.
A simple method is to distinguish three levels. Level 1: light but written agreement (summary e-mail) with deliverables, date, mention of "collaboration". Level 2: full contract as soon as content re-use, exclusivity or multi-publications are involved. Level 3: contract + appendices (charter, authorized claims, validation process) for high-risk sectors. This gradation avoids the gas factory while protecting the essentials.
There are many borderline cases. For example, a brand sends out an endowment estimated at €400 and offers €700 in remuneration, in two waves of content. The yearly total exceeds €1,000 excluding VAT: the written form becomes compulsory, even if each activation, taken in isolation, seems "small". Another situation: several products sent throughout the year to support a launch. If the promotional objective remains the same, the threshold is calculated globally, and it's in the brand's interest to anticipate from the very first wave.
Security also means clarifying digital rights. Content lives on in several channels, sometimes via automation or conversational AI, and the use of avatars or chatbots inspired by personalities accentuates the authorization issues. On this point, AI chatbots and celebrities illustrates why an explicit contractual framework reduces image drift.
In the field, SMEs are often looking for rapid execution. The key is to industrialize simple models compatible with progressive budgets. Influencer marketing for very small and small businesses. The aim is not to make things rigid, but to make a healthy collaboration repeatable: clear deliverables, controlled validation, controlled payment.
Finally, a campaign is rarely played out on a single platform. Between regulatory uncertainties, market developments and territorial constraints, the applicable law clause takes on added importance, especially when an audience is located between Europe and the United States. Discussions around TikTok in the USA and its consequences remind us that a strategy must include Plan Bs for dissemination and compliance. Key phrase to guide arbitration: when the reputational risk outweighs the gain in speed, the written word becomes inescapable.
To professionalize these approaches, ValueYourNetwork provides a proven operational framework. Working with ValueYourNetwork, expert in influence marketing since 2016Our expertise in the following fields enables us to secure collaborations, structure contracts and activate the right profiles connecting influencers and brands. With hundreds of campaigns հաջողies on social networksour support covers both performance and compliance, in line with the realities on the ground in a company. influencer agency. To frame the next activation and align objectives, content and obligations, simply contact us via the dedicated page.