How to protect your brand when collaborating with an influencer: key contracts for SMEs and self-employed individuals

Collaborations with influencers have become a common marketing tool for SMEs and entrepreneurial projects as they allow reaching new audiences, improving visibility, and strengthening the brand. But for this strategy to be safe, it is essential to legally protect the company’s identity and assets from the start.

Most common types of collaboration

Before signing any agreement, it is important to define the type of relationship that will be established:

  • One-off collaboration. This is a specific action or short-duration campaign, such as a publication or a limited set of promotional content. It is the most common formula for product launches or seasonal campaigns.
  • Brand ambassador. A medium or long-term relationship in which the creator represents the company’s values. In these cases, it is advisable to include exclusivity clauses to avoid collaborations with competing brands.
  • Commission or affiliate campaigns. The influencer promotes products through personalized links or codes and receives a commission for each sale generated.
  • Co-branding. Brand and creator develop a joint product or collection. In this model, it is especially important to define brand ownership, usage rights, and commercial exploitation.

The contract as the main protection tool

All collaborations must be formalized through an advertising services contract. This document is key to avoiding conflicts and protecting the brand.
The basic points it should include are:

  • Use of the brand and corporate image: specify how, where, and for how long the company’s name, logo, or visual identity may be used.
  • Rights over created content: indicate whether the brand will be able to reuse videos, images, or publications in its own campaigns, website, or social media.
  • Exclusivity clause: prevent the creator from collaborating with competing companies during the campaign or for a specified period.
  • Confidentiality (NDA): protect sensitive information such as strategies, launches, or commercial data.
  • Reputational clause: allow termination of the contract if either party damages the other’s image.
  • Economic conditions and deadlines: clearly state the compensation, payment method, and delivery schedule.

Furthermore, having a registered trademark is one of the best protection tools. It facilitates defense against unauthorized use and provides legal security when conducting collaborations, especially in co-branding projects, joint product launches, or long-term campaigns.

Additionally, many companies require creators to provide certificates of registration of their personal brand or trade name to avoid future legal conflicts.
Collaborations with influencers can generate great returns, but only if managed professionally. Properly defining the type of agreement, formalizing clear contracts, and protecting the brand from the start allows SMEs, self-employed individuals, and entrepreneurs to grow safely, strengthen their reputation, and consolidate their identity in the market.

Taking the next step is easier with specialized support. The Economic Office of Galicia accompanies you with personalized advice and free resources to grow your business.