What should an Influencer Marketing Agreement include under Thai law?

1. Definitions and Interpretation
2. Engagement
3. Drafts, Approval and Posting
4. Advertising Disclosure
5. Claims and Regulated Products
6. Creator's Obligations and Warranties
7. Exclusivity
8. Ownership, Usage Rights and Likeness
9. Fees and Payment
10. Cancellation by the Brand
11. Late or Missing Deliverables
12. Reputation
13. Term and Termination
14. Confidentiality and Personal Data
15. Liability
16. Relationship of the Parties
17. Notices
18. Governing Law and Disputes
19. General

• An influencer agreement is a hire of work for stamp duty purposes (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the Fee, and the Creator pays it (Clause 9.5). On the Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount. Each counterpart carries 5 THB, or 1 THB if the duty on the original is 5 THB or less.
• An agreement signed electronically is stamped through the Revenue Department's e-Stamp Duty system within 15 days after signing. An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid (Revenue Code section 118).

• A Thai company that pays a Thai creator usually withholds tax. Payments for advertising are commonly withheld at 2%, and payments for other services at 3%; which rate applies depends on how the work is characterised. Agree the rate with your accountant before the first payment and state it on the invoice.
• A creator who is an individual pays personal income tax on the Fee and on the value of products received free. A creator registered for VAT charges VAT on top of the Fee (Clause 9.5).
• If the Creator is abroad, other withholding rules and double tax treaties may apply; because you ticked gross-up, the Brand bears that tax on top of the Fee.

• Send the Brief at least 10 Business Days before the first draft is due (Clause 2.3), including mandatory wording, claims that may be made, and any approval numbers for regulated products (Clause 5.3).
• Advertising for food supplements, cosmetics, drugs, medical devices, financial products and digital assets is regulated in Thailand, and advertising of alcoholic beverages is heavily restricted. If your product is in one of these categories, have the Brief checked before the Campaign.
• Check the Creator's audience with the platform's own analytics before signing, and keep the screenshots the Creator sent you. They support the warranty in Clause 6.1(b).
• Anyone else who appears in the Content needs to give written permission, and a person under 20 needs the consent of a parent or guardian (Clause 6.2). Make sure … personally signs the Talent's consent at the end of the Agreement; the Creator's company cannot give consent to the use of the Talent's face and voice on the Talent's behalf.

• Approve or comment on each draft within … Business Days. Nothing may be posted without written approval (Clause 3.3), and if the Brand stays silent for 30 days after the final draft, the Creator is paid for that Deliverable anyway (Clause 3.5).
• Every Deliverable must show "paid partnership" or an equivalent label at the start (Clause 4). If a label is missing, notify the Creator immediately; it must be fixed within 24 hours (Clause 13.2).
• The Creator must keep each post live for … days and send analytics within … days after posting (Clauses 3.6 and 3.8). Save the links and screenshots as evidence of delivery before paying the balance.

• The Brand may repost the Deliverables on its own channels for … months after each post, in … (Clause 8.2). It may also run paid ads with them for the first … months, and must stop those ads within 5 Business Days after that period ends (Clauses 8.3 and 8.6). Paid advertising with the Content, including boosting reposts or creator-handle ads, needs a separate written agreement and fee (Clause 8.3).
• Using the Creator's face or voice to train AI, or creating a digital replica or synthetic voice, is prohibited without a separate agreement signed by the Talent (Clause 8.5). This protects the Talent's personal data and reputation as well as the Brand's legal position.

• A company should sign through the director or directors authorised in its latest company affidavit. Clause 19.5 allows electronic signatures and signed PDF copies. Keep the signed file, the Brief, approvals, post links, analytics, invoices and withholding tax certificates.
• A Thai court works in Thai, so English documents and chats must be filed with a certified Thai translation. If the other Party has no assets in Thailand, an advance payment protects the Creator better than a later court case.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-A13ED0. If you reuse this content, please credit the author and link to the original.