Influencer Agreement (India)
INFLUENCER AGREEMENT
Governed by the IT Act 2000, Consumer Protection Act 2019, and ASCI Guidelines for Influencer Advertising in Digital Media (2021)
This Influencer Agreement is entered into on [Agreement Date] at [Agreement City] between:
(1) [Brand Name] (PAN: [Brand PAN], GSTIN: [Brand GSTIN]), having its registered office at [Brand Address] (hereinafter referred to as "the Brand"); and
(2) [Influencer Name] (PAN: [Influencer PAN], GSTIN: [Influencer GSTIN]), residing/having office at [Influencer Address], who operates the following social media channels: [Influencer Platforms] (hereinafter referred to as "the Influencer").
The Brand and the Influencer are collectively referred to as the "Parties" and individually as a "Party".
1. CONTENT DELIVERABLES AND POSTING SCHEDULE
1.1 The Influencer agrees to create and publish the following sponsored content for the Brand:
[Content Deliverables]
1.2 All content shall be posted during the following period: [Posting Period].
1.3 The Influencer shall submit all content to the Brand for review and approval at least 48 hours before the intended posting time. The Brand shall provide written approval or feedback within 2 business days. Failure to respond within 2 business days shall constitute deemed approval.
1.4 The Influencer shall keep all sponsored content published on their channels for a minimum of [Content Retention Period] following the posting date, unless the Brand requests removal in writing.
2. ASCI DISCLOSURE AND COMPLIANCE
2.1 The Influencer shall include a clear and prominent disclosure in all sponsored content in compliance with the ASCI Guidelines for Influencer Advertising in Digital Media (2021) and the Consumer Protection Act 2019. The disclosure label (e.g., '#Ad', '#Collab', '#Sponsored', or '#Partnership') must appear at the beginning of the caption for static posts and as a superimposed visible label on video content.
2.2 The Influencer shall not make any claims about the Brand's products that are false, misleading, or unsubstantiated. All product claims must be truthful and based on the Influencer's genuine experience with the products.
2.3 The Influencer shall comply with any applicable platform-specific disclosure tools (Instagram 'Paid Partnership' label, YouTube 'Paid promotion' checkbox) in addition to the ASCI-required prominent text disclosure.
2.4 The Influencer shall be solely responsible for any penalties imposed by the Central Consumer Protection Authority (CCPA) or ASCI arising from non-disclosure or misleading claims in the sponsored content.
3. CONTENT RIGHTS AND INTELLECTUAL PROPERTY
3.1 The Influencer grants the Brand a non-exclusive, royalty-free licence to reshare and repost the sponsored content on the Brand's own social media channels and website for a period of 12 months following the posting date.
3.2 Any use of the content in paid advertising campaigns (whitelisting/dark posts), print media, outdoor advertising, or broadcast media requires the Brand to obtain the Influencer's separate written consent and to negotiate additional compensation.
3.3 The Influencer retains copyright in all content created under this Agreement subject to the licence granted above. Any assignment of copyright requires a separate written agreement under Section 19 of the Copyright Act 1957.
3.4 The Brand grants the Influencer a limited licence to use the Brand's name, logo, and product images solely for the purpose of creating the agreed content.
4. EXCLUSIVITY
4.1 During the posting period and for the duration of the exclusivity period specified in the agreement, the Influencer shall not create, publish, or endorse content for competing brands or products in the following category: [Exclusivity Category].
4.2 The Influencer warrants that no existing brand deal or exclusivity commitment prevents them from entering into this Agreement.
5. PAYMENT TERMS
5.1 The Brand shall pay the Influencer a collaboration fee of [Total Fee]. The following products shall also be provided: [Free Products].
5.2 Payment schedule: [Payment Timeline]. Payment shall be made by NEFT/RTGS to the Influencer's designated bank account.
5.3 GST at 18% shall be charged on invoices where the Influencer is GST-registered under the CGST Act 2017.
5.4 The Brand shall deduct TDS at 10% under Section 194J of the Income Tax Act 1961 on the collaboration fee and shall deposit with the Income Tax Department by the 7th of the following month, providing Form 16A within prescribed timelines.
5.5 Free products provided under this Agreement have a taxable value to the Influencer under Section 56(2)(x) of the Income Tax Act 1961 if the aggregate annual value of gifts received exceeds ₹50,000. The Influencer is responsible for their own income tax obligations on such income.
6. GOVERNING LAW AND DISPUTE RESOLUTION
6.1 This Agreement is governed by the laws of India, including the IT Act 2000, Consumer Protection Act 2019, and Copyright Act 1957.
6.2 Disputes shall be resolved by arbitration under the Arbitration and Conciliation Act 1996, with the seat of arbitration at [Agreement City].
Brand (Authorised Signatory)
________________
Signature
Influencer
________________
Signature
What Is a Influencer Agreement (India)?
An Influencer Agreement in India governs the arrangement between the parties and the conditions on which it operates.
Governed by the IT Act 2000 and Consumer Protection Act 2019, this agreement establishes the content deliverables, ASCI disclosure obligations, content approval process, usage rights, exclusivity restrictions, payment terms, and TDS obligations. India's influencer marketing industry is among Asia's largest and fastest-growing, with brands across FMCG, fashion, beauty, tech, finance, and food sectors routinely engaging influencers at all tiers (nano, micro, macro, and mega).
The ASCI's Guidelines for Influencer Advertising in Digital Media (2021) and the Consumer Protection Act 2019 impose specific legal obligations on both brands and influencers regarding the disclosure of sponsored relationships and the accuracy of product claims. Non-compliance can result in CCPA penalties of up to ₹50 lakh for repeated violations.
A well-drafted influencer agreement protects the brand's reputation and legal compliance while clearly documenting the influencer's creative rights and commercial entitlements.
The legal framework governing the Influencer Agreement (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Influencer Agreement (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a Influencer Agreement (India)?
You need an India Influencer Agreement whenever a brand pays, gifts, or otherwise provides material consideration to a social media influencer in exchange for content promotion. This includes paid Instagram posts and reels, YouTube integrations, unboxing videos, product reviews, brand ambassador programmes, event appearances, and affiliate marketing arrangements.
You need this agreement before the influencer creates or posts any sponsored content. Without a written agreement, there is no enforceable obligation to include the required ASCI disclosure label (risking regulatory action), no guaranteed content standards, and no basis for requiring revisions or reposting if the content does not meet brand guidelines.
You need this agreement to address content rights. Without a written licence or assignment under the Copyright Act 1957, the influencer owns the content they create and the brand has no right to reshare, repurpose, or run paid advertising using that content.
You need this agreement to properly document TDS obligations. Brands making payments to influencers must deduct TDS under Section 194J of the Income Tax Act 1961 and issue Form 16A — these obligations must be reflected in the written contract.
Parties in India should prepare a Influencer Agreement (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Influencer Agreement (India)
A thorough India Influencer Agreement should contain the following key elements.
Parties: Full legal names, addresses, PAN, and GSTIN (if applicable) of both the brand and the influencer.
Content Deliverables: Specific content items required (e.g., 2 Instagram Reels, 3 feed posts, 1 YouTube video of minimum 10 minutes), platform, posting schedule, and any content format specifications.
Content Approval: Pre-posting review by brand, review period, permitted revisions, deemed approval provision, and restrictions on brand edits that would make content misleading.
ASCI Disclosure: Mandatory disclosure obligations under ASCI Guidelines (2021) — required label (#Ad, #Collab, #Sponsored), placement (beginning of caption, superimposed on video), and prohibition on hiding disclosures.
Content Rights: Licence or assignment of copyright in influencer-created content under Copyright Act 1957, scope of usage rights (reshare, paid advertising/whitelisting, print/broadcast), and duration.
Exclusivity: Category exclusivity restricting the influencer from working with direct competitors for a specified period.
Content Retention: Minimum period for which sponsored content must remain posted and conditions for deletion.
Payment Terms: Fee in INR (cash, products, or combination), payment timeline, GST at 18% (if applicable), TDS deduction under Section 194J at 10%.
Accuracy of Claims: Warranty by influencer that all product claims in content are truthful and substantiated.
Governing Law: Indian law and jurisdiction of courts.
Additional compliance elements for a Influencer Agreement (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Influencer Agreement (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/business/contracts/influencer-agreement-india
"Influencer Agreement (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/business/contracts/influencer-agreement-india.
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title = {Influencer Agreement (India) (India)},
year = {2026},
howpublished = {\url{https://forms-legal.com/india/business/contracts/influencer-agreement-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}Also available for these jurisdictions:
Frequently Asked Questions
The Advertising Standards Council of India (ASCI) issued the Guidelines for Influencer Advertising in Digital Media in May 2021, which became effective from 14 June 2021. These guidelines impose mandatory disclosure obligations on influencers who receive any form of material connection from brands in exchange for promoting products or services on digital platforms. Under the ASCI Guidelines, a 'material connection' is defined broadly to include payment (cash or kind), free products or services, discounts, trips, hotel stays, media barters, commissions on sales, and even gifts or family benefits. The existence of a material connection must always be disclosed to the audience. The disclosure label must be 'prominent and hard to miss.' For static posts (photographs, images), the disclosure label must appear at the beginning of the caption, not buried at the end after several lines of text. For video content, the disclosure must appear in the video itself (not only in the description) and must be visible on screen for a sufficient duration. For live streams, the disclosure must be made at the beginning and periodically repeated. For stories and short-form video, the disclosure must appear as a superimposed label on the visual content. Acceptable disclosure labels include '#Ad', '#Collab', '#Sponsored', '#Partnership', or 'Paid Partnership.' Generic terms like '#Gifted' are also acceptable where products are provided free but no payment is made.
Content rights and the approval process are among the most commercially sensitive provisions in an influencer agreement in India, balancing the brand's need for quality control and legal compliance against the influencer's creative freedom and authentic voice — the very qualities that make influencer marketing effective. Content Ownership and Rights: Under the Copyright Act 1957, an influencer who creates original content (photographs, videos, written posts, graphics) is the first owner of copyright in that content. For the brand to use influencer-created content in its own advertising, marketing materials, or on its own channels, the agreement must grant the brand a licence — or, if full ownership is required, a written assignment under Section 19 of the Copyright Act. Brands typically seek: (i) a licence to reshare or repost content on the brand's own social media channels; (ii) the right to use content in paid advertising (often called 'whitelisting' or 'dark posts' — running paid ads through the influencer's social media account or using the content in the brand's paid campaigns); and (iii) the right to use content in print, outdoor, or broadcast advertising. Each of these is a significantly different use case and should be addressed separately, with additional compensation for broader usage rights.
Influencer income in India is subject to income tax under the Income Tax Act 1961 and, depending on the influencer's turnover and registration status, GST under the CGST Act 2017. Income Tax: Influencer income — whether received as cash payments, free products (valued at market price), gifts, trips, hotel stays, or commissions — is taxable as income in India. Depending on the nature of the influencer's engagement, the income is typically classified as either 'Business Income' under Section 28 (where the influencer runs influencing as a business) or 'Income from Other Sources' under Section 56. Influencers who can demonstrate expenses incurred in content creation (equipment, editing software, studio rental, travel for shoots) can deduct such expenses against their business income under Section 37 of the Act. Brands making payments to influencers must deduct TDS under the applicable section of the Income Tax Act. Where the payment is for professional/technical services (which influencing increasingly is treated as), TDS applies under Section 194J at 10% if the aggregate payment in a financial year exceeds ₹30,000. For payments by companies to individual influencers for work contracts (content creation being a work contract under Section 194C), TDS may apply at 1% for individuals/HUF. The safer and more common practice is to apply Section 194J at 10% for influencer fees.
A Influencer Agreement (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Indian Contract Act, 1872 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Supreme Court of India has jurisdiction over disputes arising from this type of document, and Registrar of Companies (ROC) may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Influencer Agreement (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Companies Act 2013 and Registrar of Companies (ROC) regulate corporate documents. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, Indian Contract Act, 1872, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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