Successful Advisory on Concluding a Service Agreement for Global Influencer Marketing

The client planned an influencer marketing campaign utilizing social media ahead of its entry into the global market. In particular, it sought to introduce a "performance-based structure (Pay by Views)" model that pays compensation according to the performance of the influencer's content (number of views). However, there were concerns about legal risks, as this structure could conflict with existing advertising agency agreements or copyright regulations. In addition, a contract structure was needed that could minimize the risk of disputes that may arise from influencers' improper conduct or issues regarding the attribution of content copyright.

Your Legal Team designed the contract structure focusing on the following key issues.

First, by clearly stipulating the calculation criteria and payment procedures for performance-based compensation, the team specified the influencer's method of calculating views and the procedure for raising objections. Through this, it prevented the possibility of settlement disputes that could arise after the campaign ends.

Second, by reorganizing the structure of content copyright and usage rights, the team designed it so that the influencer retains the copyright while the client secures usage rights within a certain scope on the condition of paying performance-based compensation. This blocked the risk of disputes related to copyright infringement or secondary use.

Third, the team separately prepared provisions for responding to influencers' improper conduct, including response procedures and clawback rules for each type of matter such as false reviews, damage to brand image, and manipulation of view counts. In addition, it established a procedure for recruiting replacement influencers to secure the continuity of the campaign.

Through this contract structure, the client established a legal foundation for stably carrying out a large-scale global influencer campaign and secured the transparency and fairness of the performance-based compensation structure. In particular, it was evaluated as a proactive contract model that can prevent problems that frequently arise in the field of digital marketing, such as copyright disputes over influencer content, brand damage caused by improper conduct, and manipulation of view counts. This case is a representative example showing the importance of contract design that manages legal risks in advance in the global marketing and content industry, and it can be utilized as a reference model when various companies conclude performance-based advertising and influencer campaign agreements in the future.