| Nonprofits are increasingly turning to social media influencers to expand their reach and attract donors. But before you slide into anyone’s DMs, make sure you’ve got the legal basics covered. First, despite the seemingly informal nature of social media posting, always get your agreement in writing. A formal agreement with the influencer protects your organization and sets clear expectations. Some key provisions in these agreements that often get short shrift: –Term and termination: Consider a shorter initial period with an option to renew, as well as a provision allowing immediate termination if the influencer’s behavior threatens your organization’s reputation. –Code of conduct: Prohibit conduct that could harm your fundraising efforts or jeopardize your tax-exempt status (let’s leave out the profanity and politics, okay?). –Intellectual property: Be clear about who owns content created under the agreement. –FTC compliance: Require adherence to the FTC’s Endorsement Guides (yes, the FTC regulates social media endorsements!). On that note, the current FTC Endorsement Guides require that any material connection between an influencer and an organization be disclosed in a way that’s “difficult to miss” and “easily understandable.” Hashtags like “#ad” or platform tools like Instagram’s “Paid Partnership” label alone might not cut it. Disclosures must appear in the content itself—not buried in a caption—and if the endorsement is in a video, the disclosure must be both visual and audible. And watch for fundraising triggers! If an influencer posts content encouraging donations, this could trigger professional fundraiser registration requirements for the influencer in some states. Influencer partnerships can be powerful, but a written agreement and FTC compliance shouldn’t be viewed as optional. |
Nonprofits and Social Media Influencers
- Ann Porter
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Meet Ann
Before starting this practice, I served as General Counsel of a major international nonprofit—so I know firsthand how legal questions show up in the middle of real organizational decisions.
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