Influencer marketing can be an incredibly effective driver of brand awareness, but it also carries real legal risk. As in‑house counsel, you often sit at the intersection of marketing creativity and regulatory compliance. Before green‑lighting any influencer activation, here are the essential questions you should be asking to protect the brand while enabling the business to move quickly.

1. Do we know exactly what the influencer is being asked to do?

Start with clarity. Ambiguity around deliverables is one of the most common causes of dispute later. Ensure you have:

• A detailed scope (posts, videos, stories, formats, drafts, timelines).
• Requirements for approval and revision cycles.
• Whether usage includes paid amplification, whitelisting, or repurposing content across channels.

Your agreement should reflect the FTC guidance obligations, especially the importance of clear disclosure and accurate claims. 

2. Are there substantiation requirements for any product claims?

If the influencer will make any factual statements (performance claims, health claims, endorsements) confirm:

• You have substantiation on file.
• The influencer receives written instructions on what they can and cannot say.
• You’ve reviewed prior posts for red flags (e.g., history of unapproved health or lifestyle claims).

3. Are we compliant with FTC, state, and platform‑specific disclosure rules?

Ask:

• Are required disclosures (e.g., #ad, Paid Partnership) included in every piece of content?
• Are disclosures placed clearly and conspicuously?
• Does the influencer understand that disclosure is mandatory even if the brand has no control over the content’s final form?

4. Do we have the right to use, reuse, or modify the created content?

Marketing teams often assume they can repurpose content across channels, but unless your contract includes:

• Usage rights
• Duration
• Territory
• Approval rights
• Paid media permissions
• Licensing terms for music, third‑party IP, and co‑creators

…the brand may be inadvertently infringing someone else’s rights.

Before approving the campaign, verify the influencer has secured all third‑party permissions needed for their creative.

5. Have we assessed brand safety and reputational risk?

You should ask:

• Have we run a background check on the influencer’s prior content?
• Do they engage in risky behavior or controversial speech?
• Are there escalation procedures if the influencer becomes involved in a scandal?
• Does the contract include morality or “no disparagement” clauses?

This is especially important when influencer agreements overlap with related brand protection matters.

6. How will we monitor compliance once the campaign launches?

Compliance isn’t one‑and‑done. Ask:

• Who is responsible for monitoring?
• What’s the timeline for correcting errors (e.g., missing disclosures)?
• Does the agreement allow the brand to require edits or takedowns?
• Are screenshots or archives being kept?

A monitoring plan is particularly critical if multiple influencers or short‑form content (TikTok, Instagram Reels) are involved.

7. What are the risks around sweepstakes, endorsements, or giveaways?

If the campaign includes:

• Giveaways
• Contests
• Sweepstakes
• User-generated content promotions

…ensure promotional rules comply with federal and state laws. This is especially key when campaigns involve minors or platforms with their own promotional restrictions.

8. Are we aligned internally across departments?

Ask yourself:

• Has marketing reviewed messaging and brand voice?
• Has legal provided a claim‑specific “dos & don’ts” sheet?
• Has compliance approved any regulated product messaging?
• Are payment terms and tax reporting obligations final?

Internal alignment avoids last‑minute delays and ensures the business understands the risk landscape.

9. What are our exit, remedy, and indemnity protections?

Before approving the campaign, check:

• Do we have termination‑for‑cause and termination‑for‑convenience rights?
• Are indemnities proportional to risk?
• Does the influencer carry insurance?
• Do we have remedies if content performs poorly or is not delivered?

Conclusion

Influencer campaigns can be high‑reward, but only when supported by strong legal foundations. By asking these questions upfront, in‑house counsel can confidently enable marketing innovation while protecting the business from compliance and reputational missteps.