Tag: social media campaign

  • Checklist for Social Media Influencers

    Selfie Stick by R4vi from Flickr (Creative Commons License)
    Selfie Stick by R4vi from Flickr (Creative Commons License)

    Some people, including a lot of average joes, have such a strong social media following that brands want to send them free products to review or to partner with them for a native advertising campaign. If you are lucky enough to get such an offer, you need to understand the rules and read the fine print closely to make sure you’re not setting yourself up to be accused of an FTC violation. Don’t count on the other side to educate you. As we saw in the Lord &Taylor situation, companies who seek to partner with social media influencers don’t always know and follow the rules themselves.

    If I were presented with an offer to do a product review or be part of a native advertising campaign, these are some of the questions I would ask in regards to the offer.

    Influencer-Company Relationship
    What is the company asking me to do?
    What is the company giving me in return?
    Is there fair give-and-take between both sides? (If not, it’s not a valid contract.)
    Are expectations and deadlines clear?
    Who is my point person at the company if I have any questions?

    FTC Compliance
    Does the offer require that my review be truthful?
    Does the offer require me to give an accurate review of the product? (Bonus points for companies that require reviewers to write what they like and dislike about the product.)
    Does the offer require that me to disclose my relationship with the company – both in my review itself and also any promotions I do about the content on social media (i.e., use #ad or #sponsored)? (The FTC requires this so if the company doesn’t want you to do this, turn and run. They don’t know the basic rules about native advertising.)

    Intellectual Property
    Does the offer clearly state who owns the copyright in what I create under the agreement?
    By accepting the offer, do I grant the company certain rights to use my work?

    General Legal Provisions
    Is there a written contract? (It’s avoids confusion when all the provisions are in a single document and has  provision that states, all the terms of this agreement are in this contract.)
    Is there a severability clause so if one provision is illegal, the rest of the contract remains in place?
    What are the rules for modifying the agreement?
    Which state law governs the agreement?
    If there’s a problem between the company and me, how will we resolve it?
    Under what circumstances will the agreement be terminated?

    Final Words of Wisdom
    Contracts are relationship-management documents, ideally written to protect both sides. If a company offers me a contract with provisions I dislike, I request changes. (I’m the queen of changing liability waivers.)

    And if there’s a word or provision you don’t apprehend, ask! Don’t sign a contract that you don’t understand, because as long as it’s legal, you’re stuck with it.

    If you are a serious influencer and get offers to do product reviews or participate in campaigns, treat your social media activities like a business. Consider hiring a lawyer to create a contract template for these situations when the other side doesn’t have a written contract. At the least, use this checklist to do a preliminary review of the offers you receive.

    If you want more information about the legal rules regarding your blog and social media, please check out The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you want to chat with me about social media law, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content that’s shared only with my mailing list, by subscribing to the firm’s newsletter.

  • The Paisley Dress and the FTC: A Cautionary Tale

    Lord & Taylor by Mike Mozart from Flickr (Creative Commons License)
    Lord & Taylor by Mike Mozart from Flickr (Creative Commons License)

    If you want a story of what not to do when it comes to working with influencers and the Federal Trade Commission (FTC), look to Lord & Taylor.

    To promote their new clothing line collection, Design Lab, Lord & Taylor sought out influencers on Instagram. They sent a piece from the collection – a paisley dress – to 50 influencers, and paid each of them $1,000-4,000 to post a picture of themselves wearing the dress on a specific day (“product bomb”). The agreement with each influencer was that they would use certain campaign designations and hashtags and that Lord & Taylor would review and approve these posts prior to the product bomb day.

    The Infamous Paisley Dress
    The Infamous Paisley Dress

    This is where this story hurts my head:

    1. Lord & Taylor didn’t require the influencers to disclose that these posts were part of a campaign.
    2. When Lord & Taylor reviewed each post, they didn’t insist that the influencers add this information.
    3. None of the 50 influencers who were paid to post a picture of themselves wearing the paisley dress included the disclaimer or asked about it.

    How can marketing professionals claim they’re competent at creating social media campaigns and not know about the basic FTC rules about native advertising?

    How can an influencer who wants to use their social media platforms as a business and not know the basic rules of the game? The rules are not hard to follow:

    • Only give your truthful and accurate review of products, and
    • Always disclose when you have a relationship with a company.

    If a company doesn’t want you to do this, send them a link to the FTC rules and run away as fast as you can. If they don’t understand these basic rules, they don’t know what they’re doing. I’d be worried about what else they’re doing wrong.

    Companies should insist on these disclosures. When I did product reviews, my contract required me to include what I liked and didn’t like about the product and to always disclose that I got to use each product for free.

    Luckily for Lord & Taylor, they appear to have gotten off with a warning. The FTC could have fined them or their influencers up to $11,000 per violation ($11K x 50 influencer posts = $550K). The next company that makes this mistake may not be so lucky.

    I’m looking forward to speaking on this topic at BlogPaws to help bloggers avoid getting in hot water. If you want to talk with me about the FTC rules and social media law, you can contact me directly or connect with me on TwitterFacebookYouTube, or LinkedIn. You can also get access to more exclusive content, entrepreneurial tips, and rants that are available only to people on my mailing list, by subscribing here.