Brand Influencer Contract Breach Demand Letters

Published: December 4, 2025 • Demand Letters

Brand-Side Influencer Contract Breach Demand Letters | FTC Compliance

Brand-Side Influencer Contract Breach Demand Letters

When Influencers Miss Posts, Violate FTC Rules, or Breach Morals Clauses

Influencer Contract Basics

💼 The Flip Side: Most influencer demand letters are from creators seeking payment. This guide covers the BRAND perspective – when the influencer fails to perform, violates contract terms, or exposes the brand to regulatory risk through FTC disclosure failures or morals clause breaches.

Standard Influencer Contract Elements

Contract Component	Typical Terms	Breach Scenarios
Deliverables	Number of posts, platforms (IG, TikTok, YouTube), formats (static, Reel, Story), posting dates/windows	Influencer misses deadlines, posts to wrong platform, fails to post entirely, posts wrong product
Content Approval	Brand pre-approval rights for captions, images, messaging; revision rounds; final sign-off before posting	Influencer posts without approval, ignores brand feedback, changes approved content after posting
Usage Rights	License to brand: territory, media, duration; whitelisting/paid amplification rights	Influencer blocks brand from running ads using content, claims ownership despite buyout clause
Exclusivity	No competing brands for X months; category exclusions (e.g., no other skincare brands)	Influencer promotes competitor simultaneously, accepting paid partnership with rival brand
FTC Disclosure	Required #ad, #sponsored tags; “Paid partnership” label; clear and conspicuous disclosure	Influencer buries disclosure in 20+ hashtags, omits disclosure entirely, uses ambiguous language
Morals Clause	Termination rights if influencer engages in conduct bringing brand into disrepute or controversy	Influencer posts offensive content, criminal allegations, public scandal damaging brand association

FTC Endorsement Guides (16 CFR Part 255)

2023 Update – Key Changes:

Material connection must be disclosed: Any relationship (payment, free products, affiliate links, employment) between endorser and brand
Clear and conspicuous: Disclosure must be “unavoidable” – can’t bury in hashtags or “more” button
Platform-specific guidance: Instagram Stories require disclosure visible without clicking; TikTok videos need audio or on-screen disclosure; YouTube needs both video and description
Brand responsibility: Brands must have processes to monitor and enforce disclosure requirements
Fake reviews prohibited: Buying reviews, suppressing negative reviews, or posting fake reviews violates FTC Act

🚨 Brand Liability: The FTC holds BRANDS responsible for influencer disclosure failures. If influencer doesn’t disclose properly, brand faces enforcement risk – making disclosure compliance a critical contract enforcement issue.

Common Breach Scenarios

Non-Performance:

Influencer ghosts after receiving product/payment
Posts late (campaign timing missed – holiday, product launch, etc.)
Posts to wrong platform or in wrong format
Delivers substandard content (poor quality, doesn’t match brief)

FTC Compliance Failures:

No disclosure whatsoever
Buried disclosure (hashtag #37 of 40)
Ambiguous disclosure (“Thanks [brand]!” without #ad)
Disclosure only in collapsed “more” section
Using platform’s “Paid Partnership” label inconsistently

Morals Clause Triggers:

Criminal allegations (DUI, assault, fraud)
Offensive social media posts (racist, homophobic, violent content)
Public controversies damaging brand reputation
Behavior inconsistent with brand values (e.g., health brand ambassador caught smoking)

Exclusivity Violations:

Promoting direct competitor during exclusivity period
Accepting payment from rival brand
Wearing/using competitor products in posts during campaign

For Brands: Enforcing Influencer Contracts

Evidence Gathering

Before sending demand letter, compile:

Contract documents: Master agreement, Statement of Work (SOW), any amendments
Creative brief: Brand guidelines, messaging requirements, approval process
Communications: Email/DM trail showing deliverables requested, approvals given (or withheld), deadline reminders
Posted content (or lack thereof): Screenshots with timestamps, archived Stories, analytics showing post performance
Payment records: Proof of payment/product sent, invoice copies
Disclosure audit: Screenshots showing how disclosure appeared (or didn’t), compliance checklist
Competitor activity: If exclusivity violated, screenshots of rival brand posts during restricted period

Demand Letter Strategy

Objectives:

Cure performance: Get influencer to post compliant content (if timing still works)
Refund/fee reduction: Recoup fees for undelivered or non-compliant work
Indemnity: Protect brand from FTC enforcement risk caused by disclosure failures
Remove content: Take down posts that violate morals clause or misrepresent brand
Prevent reuse: Ensure influencer doesn’t continue using brand assets or confidential info

Tone considerations:

Professional, not punitive: Influencers have audiences – public disputes damage both sides
Fact-based: Cite specific contract provisions breached, exact deliverables missed
Regulatory emphasis: Frame FTC disclosure failures as risk to BOTH parties
Commercial resolution: Offer options (cure + partial payment, full refund, negotiated settlement)

Remedies Menu

Breach Type	Remedy Options
Missed posts	• Cure: Post within X days for reduced fee • Full refund + cancellation • Prorated payment for partial delivery
Late posts (timing critical)	• Full refund (campaign timing missed, no value) • Partial refund reflecting reduced value • Additional posts at no charge to compensate
FTC disclosure failure	• Edit/repost with compliant disclosure • Add disclosure to existing post • Indemnify brand from FTC enforcement • Fee reduction for non-compliant content
Morals clause violation	• Immediate termination + refund • Remove all brand-related posts • Public statement disavowing association • Damages for brand harm (harder to quantify)
Exclusivity breach	• Remove competitor content • Refund + liquidated damages (if in contract) • Extended exclusivity period to compensate

When To Escalate vs. Settle

Settle/Compromise if:

Influencer responsive and willing to cure
Breach is technical (e.g., disclosure could be fixed with edit)
Campaign can still succeed with corrected posts
Refund amount is small relative to litigation costs
Public dispute would harm brand more than writing off loss

Escalate to litigation if:

Influencer completely ghosted or refuses to respond
Large contract value (tens of thousands) makes legal action economical
Morals clause violation is severe and public
Influencer continuing to harm brand (badmouthing, using confidential info)
Setting precedent for other influencer relationships

⚠️ Arbitration Clauses: Many influencer contracts require arbitration. Check your agreement before threatening lawsuit. Arbitration demand may be required first step.

For Influencers: Responding To Brand Demands

Common Defenses

Brand’s own non-performance:

Brief delivered late (influencer couldn’t meet original deadline)
Brand changed deliverables after agreement (scope creep)
Product never sent or sent defective/wrong product
Brand didn’t provide necessary assets (logos, product info, etc.)
Approval process unreasonably delayed or conflicting feedback

Force majeure / impossibility:

Illness, hospitalization preventing timely posting
Platform outage or account suspension (if beyond influencer’s control)
Unforeseen events making performance impracticable

Ambiguous contract terms:

Deliverables not clearly specified (“approximately 3 posts” vs. “exactly 3 posts by X date”)
Approval rights not defined (how many revision rounds? what’s timeline?)
Usage rights unclear (does “social media” include paid ads?)

FTC disclosure disagreements:

Brand’s guidance was itself non-compliant (told you NOT to use #ad to avoid looking “too commercial”)
Disclosure was present but brand claims insufficient (evolving standards, platform-specific variations)
Platform limitations (e.g., TikTok auto-deletes certain disclosures in some regions)

Morals clause overbreadth:

Alleged “misconduct” is private behavior unrelated to brand
Allegations not proven (brand terminating based on accusations, not conviction)
Brand’s own conduct or other ambassadors’ behavior equally problematic

Response Strategy

Immediate steps:

Review contract: Re-read agreement, SOW, and all amendments – what exactly was promised?
Gather evidence: Your communications, drafts sent for approval, proof of product receipt (or non-receipt), screenshots
Check payment status: Were you fully paid? Partially paid? Is there a payment dispute already?
Assess cure options: Can you fix the alleged breach? (Post now, edit disclosure, remove competitor content)
Consult counsel: For high-value contracts or serious allegations, get legal review before responding

Response options:

Option	When To Use
Agree to cure	Breach is minor/fixable; relationship salvageable; you want to preserve reputation
Partial settlement	Both sides have valid points; split the difference (partial refund, makeup posts, mutual release)
Assert defenses	Brand’s allegations are wrong; you have documentation showing compliance or brand’s own breach
Counterclaim	Brand owes YOU money (unpaid fees, scope creep, improper use of your content beyond license)
Refuse demand	Demand is baseless; you’re willing to defend in arbitration/litigation; small amount not worth conceding

Negotiation Tips

Acknowledge valid points: If you DID miss a post, own it – credibility helps negotiate rest
Propose middle ground: “I’ll repost with compliant disclosure and accept 20% fee reduction” vs fighting over 100% refund
Document everything: Written responses only; create paper trail for potential dispute
Protect future income: Don’t let brand publicly badmouth you or interfere with other partnerships
Mutual release: Any settlement should include mutual non-disparagement and release of claims

⚠️ Don’t Ignore: Even if you think brand’s demand is unfair, respond professionally. Ghosting brand after receiving demand letter worsens your legal position and damages reputation.

Sample Brand Demand Letters

Sample 1: Missed Deliverables + FTC Disclosure Failure

[Brand Name / Agency Name] [Address] [Date] [Influencer Name] [Address] [Email] Via Email & Certified Mail Re: Breach of Influencer Agreement – [Campaign Name] Dear [Influencer]: This letter concerns your failure to perform under our Influencer Marketing Agreement dated [date] for the [Product/Campaign Name] collaboration. CONTRACT TERMS: Per the Agreement and Statement of Work, you agreed to: • Create and post [3] Instagram feed posts featuring [Product] • Post [2] Instagram Stories with product demonstration • Include clear FTC disclosure (#ad or “Paid Partnership” label) • Post between [Date Range] • Submit all content for brand approval before posting • Compensation: $[Amount] + product ($[Value]) BREACHES: You have failed to perform as follows: 1. MISSED DELIVERABLES: • Only [1] Instagram feed post published (2 posts short) • Zero Instagram Stories posted • Missed campaign window (posts due by [date]; only 1 post on [late date]) 2. FTC DISCLOSURE FAILURE: • The single post published lacked proper FTC disclosure • No #ad hashtag or Paid Partnership label visible • This exposes both you and [Brand] to FTC enforcement action 3. APPROVAL VIOLATION: • Posted without submitting for brand approval first • Content included [incorrect product name / wrong messaging / off-brand elements] PAYMENT STATUS: You received full compensation: • Payment: $[Amount] (paid [date]) • Product: $[Value] (shipped [date], delivered per tracking) DEMAND: To resolve this breach, we require: OPTION 1 – CURE PERFORMANCE: • Post remaining [2] Instagram feed posts within 7 days • Post [2] Instagram Stories within 7 days • Add compliant FTC disclosure to existing post (edit to add #ad in first 3 hashtags) • Submit all new content for approval before posting • Complete performance = no fee reduction OPTION 2 – REFUND: • Refund $[Amount representing 2/3 of fee for undelivered posts] • Edit existing post to add compliant FTC disclosure • Return or pay for product ($[Value]) • Total refund: $[Amount] OPTION 3 – SETTLEMENT: • We’re open to discussing alternative resolution • Must include FTC disclosure cure on existing post (non-negotiable) FTC REGULATORY RISK: Your failure to disclose the paid partnership violates 16 CFR Part 255 (FTC Endorsement Guides). The FTC holds brands responsible for ensuring influencer compliance. Your breach exposes [Brand] to: • FTC investigation and warning letters • Civil penalties • Reputational harm We require that you immediately edit the existing post to add clear FTC disclosure AND indemnify [Brand] from any FTC action related to your non-compliant post. DEADLINE: Please respond within 7 days with your chosen option or proposal for resolution. If we do not hear from you, we will: • Pursue arbitration under Section [X] of the Agreement • Seek full refund of fees + product value + damages • Report FTC disclosure violation to FTC (as required by our compliance policies) • Exercise all contractual remedies including pursuing you for damages caused by brand harm We prefer to resolve this amicably. Please contact [Name] at [Email] to discuss. Sincerely, [Brand Representative Name] [Title] [Brand/Agency Name] Enclosures: • Influencer Marketing Agreement • Statement of Work • Payment confirmation • Screenshot of non-compliant post • Campaign brief showing deadline requirements

Sample 2: Morals Clause Termination

[Brand Name] Legal Department [Address] [Date] [Influencer Name] [Address] Via Email & Certified Mail Re: Termination for Cause – Brand Ambassador Agreement Dear [Influencer]: Effective immediately, [Brand] is terminating the Brand Ambassador Agreement dated [date] for cause pursuant to Section [X] (Morals Clause). MORALS CLAUSE PROVISION: The Agreement states: “[Brand] may terminate this Agreement immediately if Ambassador engages in conduct or makes statements that bring Ambassador into public disrepute, contempt, or scandal, or that reflect unfavorably upon [Brand].” TERMINATION BASIS: On [date], you [posted content on social media / were arrested for / made public statements regarding] [describe conduct: “made racist remarks” / “posted video using illegal substances” / “were charged with assault”]. This conduct has: • Generated significant negative media coverage ([X] articles, trending on social media) • Led to consumer backlash against [Brand] for associating with you • Damaged [Brand]’s reputation and brand values • Violated [Brand]’s core values of [list values] Multiple consumers have contacted [Brand] demanding we end our relationship with you and threatening boycott if we do not. IMMEDIATE ACTIONS REQUIRED: Effective immediately, you must: 1. REMOVE ALL BRAND CONTENT: • Delete all social media posts featuring [Brand] products or branding • Remove [Brand] from your bio/profile descriptions • Cease wearing/using [Brand] products in any public appearances or posts 2. RETURN PROPERTY: • Return all [Brand] products provided to you (estimated value $[Amount]) • Return or destroy any confidential information, marketing materials, or brand assets 3. CEASE USE OF BRAND NAME: • Do not identify yourself as [Brand] ambassador or partner • Do not use [Brand] name, logo, or trademarks in any context 4. REFUND COMPENSATION: • Per Section [X], you must refund [Amount representing unearned portion of ambassador fee] • Payment due within 14 days LEGAL CONSEQUENCES OF NON-COMPLIANCE: If you fail to comply with these requirements, [Brand] will pursue: • Injunctive relief ordering removal of content and cessation of brand association • Damages for unauthorized continued use of brand assets • Refund of all compensation paid ($[Amount]) • Attorney’s fees and costs per Agreement Section [X] [Brand] reserves all rights and remedies under the Agreement and applicable law. This termination is not a waiver of any claims [Brand] may have against you for breach of contract or other violations. [Brand] is evaluating potential claims for: • Damage to brand reputation and goodwill • Lost sales and business opportunities • Costs to manage crisis and restore brand image We will provide further notice if [Brand] elects to pursue such claims. CONFIRMATION REQUIRED: Please confirm within 3 business days that you have: • Removed all brand-related content from social media • Initiated return of brand products • Ceased all use of [Brand] name and marks Send written confirmation to [Email] and [Address]. Sincerely, [General Counsel / Legal Director] [Brand Name] CC: [Influencer’s Manager/Agent, if applicable]

Sample 3: Exclusivity Violation

[Brand Name] [Address] [Date] [Influencer Name] [Address] Re: Breach of Exclusivity Provision – Demand for Cease and Desist Dear [Influencer]: This letter concerns your material breach of the exclusivity provision in our Influencer Partnership Agreement dated [date]. EXCLUSIVITY TERMS: Section [X] of the Agreement provides: “During the Term and for [6] months thereafter, Influencer shall not promote, endorse, or appear in advertising for any competing products in the [category: skincare / fitness supplements / etc.] category.” Term: [Start Date] through [End Date] Exclusivity Category: [Skincare products] Exclusivity Period: Through [Date including 6-month tail] BREACH: On [date], you posted Instagram content promoting [Competitor Brand], a direct competitor in the [skincare] category. Specifically: • Feed post showing [Competitor Product] with caption “[quote caption]” • Tagged [Competitor Brand] and used hashtag #[CompetitorBrandPartner] • Post included disclosure “#ad” confirming paid partnership • Post remains live as of this letter This is a clear violation of the exclusivity provision during the restricted period. HARM TO [BRAND]: Your breach has caused: • Consumer confusion (your audience associates you with [Brand]; competing post dilutes our brand) • Wasted investment (we paid for exclusive endorsement in category) • Competitive damage ([Competitor] benefiting from credibility you built with [Brand]) CONTRACT REMEDIES: Per Agreement Section [X], breach of exclusivity entitles [Brand] to: • Liquidated damages of $[Amount specified in contract] • Return of compensation paid ($[Amount]) • Injunctive relief DEMAND: We demand you immediately: 1. REMOVE COMPETITOR CONTENT: • Delete the [Competitor Brand] post from all platforms • Confirm in writing no other competing brand content exists 2. CEASE COMPETITOR PROMOTION: • Terminate any relationship with [Competitor] • Do not post competing brand content through [exclusivity end date] 3. PAY LIQUIDATED DAMAGES: • Per Section [X]: $[Amount] • Due within 14 days ALTERNATIVE RESOLUTION: If you cure the breach within 3 days (remove content, cease competitor promotion, confirm termination of competitor deal), [Brand] will: • Waive liquidated damages • Continue partnership through end of Term • Require written assurance of future compliance If you do not cure, [Brand] will: • Terminate Agreement for cause • Demand full refund of all compensation ($[Amount]) • Pursue injunctive relief and damages in arbitration • Seek enforcement of non-compete and liquidated damages provisions Please respond within 3 days. Sincerely, [Brand Representative] [Brand Name]

FTC Compliance & Disclosure Requirements

FTC Endorsement Guides (16 CFR Part 255) – 2023 Update

📋 June 2023 Revision: FTC updated Endorsement Guides to address social media, influencer marketing, and online reviews. Key changes: expanded coverage of social media influencers, stricter disclosure requirements, and explicit brand responsibility for monitoring compliance.

Core Requirements:

Material connection must be disclosed: Any relationship between endorser and brand affecting credibility of endorsement
Types of material connections:
- Payment (cash, products, services, gift cards)
- Free products (even if unsolicited)
- Affiliate links / commission arrangements
- Employment or family relationship
- Business relationship or investment
Clear and conspicuous disclosure: Disclosure must be “unavoidable” – can’t require consumer to click, scroll, or take action to see it

Platform-Specific Best Practices

Platform	Required Disclosure	Non-Compliant Examples
Instagram Feed	• #ad or #sponsored in first 3 hashtags OR • “Paid Partnership” label • Disclosure above “more” button	• Hashtag #37 of 40 • “Thanks Brand!” without #ad • Only in collapsed caption section
Instagram Stories	• #ad visible on first frame OR • “Paid Partnership” sticker • No clicking required to see	• Only on last frame of multi-frame Story • Tiny text in corner • Disappears too quickly to read
TikTok	• “Paid Partnership” label OR • On-screen text #ad throughout video OR • Audio disclosure (“This is a paid ad for…”)	• Only in caption (not visible in For You feed) • Mentioned once quickly in 60-second video
YouTube	• Video disclosure (verbal + on-screen text) AND • Description disclosure (first 3 lines) • Use YouTube’s paid promotion checkbox	• Only in description below fold • Mentioned once at end of 20-min video • Ambiguous language
Twitter/X	• #ad in tweet text (not just image) • Must be visible without clicking/expanding	• Only in reply thread • In attached image text only

Brand Monitoring Obligations

FTC requires brands to:

Educate influencers: Provide clear guidance on FTC disclosure requirements
Include disclosure terms in contracts: Written requirements, not just verbal guidance
Monitor compliance: Review influencer posts to ensure proper disclosure
Enforce corrections: Require influencers to edit or remove non-compliant content
Document compliance efforts: Maintain records showing brand took reasonable steps

Enforcement Actions & Penalties

Recent FTC cases:

FTC v. Lord & Taylor (2016): $11,000 penalty for paid Instagram posts by influencers without disclosure
FTC v. Teami (2020): $15 million (suspended to $1M) for fake reviews and inadequate influencer disclosures
FTC v. Fashion Nova (2022): $4.2 million for suppressing negative reviews and failing to disclose paid influencer posts

Potential penalties:

Civil penalties up to $50,120 per violation (2023 amount, adjusted annually for inflation)
Corrective advertising / consumer notice requirements
Consent decrees with ongoing monitoring
Negative publicity from FTC press releases

Best Practices For Brands

Written disclosure requirements: Include specific platform-by-platform guidance in contract
Approval process: Review all content for compliance BEFORE posting
Monitoring: Spot-check influencer posts; use social listening tools
Correction protocol: Have process to quickly get non-compliant posts edited or removed
Documentation: Keep records of compliance training, approvals, and correction requests
Indemnification: Include indemnity clause for influencer’s knowing violations, but don’t rely on it to avoid FTC liability

Attorney Services – Influencer Marketing Disputes

Brand-Side Influencer Contract Enforcement

I represent brands, agencies, and influencers in influencer marketing disputes. I handle contract enforcement, FTC compliance counseling, and both sending and defending demand letters for missed deliverables, disclosure failures, and morals clause issues.

Services for Brands & Agencies

Draft and send demand letters for influencer contract breaches
Enforce morals clauses, exclusivity provisions, and non-disparagement terms
Pursue refunds and liquidated damages for non-performance
Handle FTC compliance issues (correcting disclosure failures, responding to FTC inquiries)
Negotiate settlements when influencer breaches contract
Draft influencer agreements with enforceable terms and FTC-compliant disclosure requirements
Pursue injunctive relief for ongoing violations (competitor promotion, unauthorized brand use)

Services for Influencers & Creators

Defend against brand demands for refunds or breach claims
Negotiate settlements when performance issues arise
Assert defenses (brand’s own breach, scope creep, force majeure)
Review contracts before signing (identify unfavorable terms, negotiate improvements)
Advise on FTC compliance to avoid brand disputes
Handle payment disputes (brands not paying for completed work)

Representative Matters

Brand: Recovered $45k from influencer who ghosted after payment, violated exclusivity with competitor
Brand: Negotiated morals clause termination + content removal after influencer controversy
Influencer: Defended against $30k refund demand; settled for $8k after proving brand’s scope creep
Influencer: Resolved FTC disclosure dispute; brand accepted corrected posts without fee reduction
Agency: Drafted template influencer agreements with FTC-compliant disclosure requirements for 50+ brand clients

Why Influencer Marketing Experience Matters

Industry Knowledge: Influencer marketing contracts have unique issues (platform-specific deliverables, FTC compliance, usage rights, whitelisting) not found in traditional advertising. I understand both brand and creator perspectives, platform mechanics, and evolving FTC guidance.

Fee Structures

Demand letter (brand-side): Flat fee ($1,500-$3,000) or hourly
Contract review (creator-side): Flat fee ($500-$1,500 depending on complexity)
Settlement negotiation: Hourly or percentage of amount recovered/saved
Litigation/Arbitration: Hourly or hybrid (flat fee + hourly/contingency)
Contract drafting (brands): Flat fee ($2,000-$5,000 for template + customization)

Schedule a Call

Book a call to discuss your influencer marketing dispute. Whether you’re a brand seeking to enforce contract terms or a creator defending against demands, I’ll assess your situation and recommend strategy.

Contact Information

Email: owner@terms.law

Frequently Asked Questions

Depends on contract language and severity of conduct. Strong morals clauses allow termination for conduct bringing influencer “into public disrepute” or “reflecting unfavorably” on brand. Courts generally uphold termination for criminal conduct, hate speech, or serious public controversies. Weaker grounds: private behavior, political views (unless brand explicitly prohibited), or allegations without evidence. Best practice: morals clause should specify examples (illegal conduct, offensive content, behavior inconsistent with brand values) and give brand sole discretion to determine whether conduct violates. Get legal review before terminating – wrongful termination claims are expensive.

Yes – FTC holds BRANDS responsible for ensuring influencer compliance. FTC Endorsement Guides require brands to: (1) Educate influencers about disclosure requirements, (2) Monitor influencer content for compliance, (3) Enforce corrections when disclosures are inadequate. Having “influencer must comply with FTC rules” in contract is not enough – brand must actively monitor and enforce. If influencer posts without disclosure, brand should immediately request edit to add disclosure. Document your compliance efforts: contracts with disclosure requirements, training provided to influencers, monitoring processes, correction requests. This shows good faith if FTC investigates.

Probably not full refund, but partial refund reasonable. Courts consider: (1) Did late post still provide value? (2) Was timing essential to contract? (3) What damages did brand suffer? If timing was critical (holiday campaign, product launch, time-sensitive promotion), late post provides little/no value – full refund justified. If timing less critical and late post still reached audience, prorated refund fair (e.g., 50% if post was 2 weeks late for 4-week campaign). Liquidated damages clause helps – specify “time is of the essence” and penalty for late performance. Without clear contract terms, brand must prove actual damages from delay.

Burden is on brand to prove delivery. Use trackable shipping (UPS/FedEx with signature confirmation, not regular mail). If tracking shows delivered but influencer claims not received: (1) Check if address was correct, (2) Confirm signature or delivery photo, (3) Offer to re-send if stolen/lost. If influencer truly didn’t receive product, brand’s failure to deliver excuses influencer’s non-performance. If influencer lying (tracking proves delivery), that’s bad faith – strengthens brand’s case. Best practice: Confirm receipt before deadline (“Did product arrive? Please confirm so we can finalize posting schedule”). This creates record and prevents last-minute excuses.

Consider: (1) Complexity – is this straightforward breach (influencer ghosted) or complex (competing claims of scope creep)? (2) Precedent – do you have other influencer relationships where winning this sets good precedent? (3) Economics – is $5k the fee or total potential exposure (fee + damages + costs)? (4) DIY feasibility – can you draft effective demand letter yourself? For simple breach (ghosting, clear missed deliverables), try demand letter yourself first. For complex disputes (morals clause, FTC issues, competing breach claims), legal advice cheap compared to wrong move. Many attorneys offer limited-scope representation – draft/review demand letter ($1,500) without full litigation representation. Escalate to litigation only if demand ignored and amount justifies cost.

Brand Influencer Contract Breach Demand Letters

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