What an influencer collab agreement in India should say
An influencer collab agreement in India should name both parties, the deliverables and post-by date, the fee or barter, the ASCI disclosure label, who may reuse the content and for how long, how either side cancels, and Indian law. A brand giving barter over ₹20,000 a year may owe TDS under section 194R.
Updated 1 October 2026
Do I need a written agreement for a small collab?
Yes, even for a barter reel. Most collab disputes are not fraud; they are two people remembering different terms. Was it two reels or one reel and two stories? By the 15th, or the 15th of next month? Can the brand run the reel as an ad? A one-page agreement written before anyone posts settles all three, and in India it also records who is responsible for the disclosure label the law requires on every paid or barter post.
What clauses should it have?
| Clause | What it says | Why it matters |
|---|---|---|
| Parties | The brand's name and the creator's handle and Instagram account | Handles change; the account is who you contracted with |
| Deliverables | Formats and counts: 2 reels, 3 stories | The most common dispute |
| Post-by date | A date, not "this month" | Launches are timed |
| Compensation | Fee in ₹, and/or what is given in kind | Barter needs a description, ideally a value |
| Disclosure | #ad, Sponsored or the paid-partnership label | ASCI requires it; both sides carry the liability |
| Usage rights | Organic only, or paid ads too; for how long | The clause that causes the most fights |
| Approval | Whether the brand sees it first, and how many revisions | Stops endless rounds |
| Exclusivity | Category and window, or none | Must be paid for if it is asked for |
| Payment terms | On posting, or within 15 or 30 days | Small creators are paid last |
| Cancellation | How either side ends it, and what is owed | Kill fee for work already done |
| Governing law | The laws of India | Where a dispute would be heard |
What does ASCI require on a collab post?
The Advertising Standards Council of India's influencer guidelines require every post made in return for anything — money, free products, a trip, a discount — to carry a clear disclosure such as #ad, #collab, Sponsored or Instagram's paid-partnership label, placed where it is seen before the viewer has to tap "more". The rule covers barter as fully as paid work. Claims about health, nutrition or finance also need the creator to show a relevant qualification. Under the Consumer Protection Act, the brand can be liable for a misleading endorsement as well as the creator, which is why the clause belongs in the agreement rather than in a chat message.
What do the other Indian rules add?
- Alcohol and tobacco cannot be advertised, and the CCPA's 2022 guidelines bar surrogate advertising — a soda or a music festival trading on a liquor brand's name.
- Real-money games cannot be advertised at all under the Promotion and Regulation of Online Gaming Act, 2025.
- Finance content: SEBI-regulated entities may not work with unregistered people who give securities advice. A finance collab should say it is education only, or carry the creator's SEBI registration number.
Does a barter collab have tax consequences?
It can, on both sides. Section 194R of the Income Tax Act, in force since 1 July 2022, requires a business that gives a benefit or perquisite to someone in the course of their business or profession to deduct 10% TDS once the total given to that person passes ₹20,000 in a financial year. Free products a creator keeps after a collab can count. The CBDT has said a product returned to the brand after the shoot is not a benefit. For the creator, what is received in kind is generally income, and paid collabs count towards the ₹20 lakh GST registration threshold for services. The details depend on the person; an hour with a CA is cheaper than getting it wrong.
| Point | Applies to | The number |
|---|---|---|
| TDS on benefits (s.194R) | The brand, on barter | 10% once the year's total to one creator passes ₹20,000 |
| GST registration | The creator | Aggregate turnover above ₹20 lakh (₹10 lakh in special-category states) |
| Income tax | The creator | Fees and barter received are generally income |
How does Pullsy write the agreement?
On Pullsy Network, a collab agreement is generated from the pitch both sides accepted — never a blank template, so it cannot drift from what was agreed. It names the brand and the creator by handle and by Instagram account id, lists the deliverables, date and fee or barter, adds the disclosure and compliance clauses that apply to that brand and creator, and states that Pullsy is not a party and that payment is settled directly between them. Each side accepts it on Pullsy; the record keeps who accepted, when, and a SHA-256 fingerprint of the exact text, and either side can download it as a PDF.
Worth asking before you move 🤔
Is an agreement accepted online legally valid in India?
Generally yes. The Information Technology Act, 2000 recognises contracts formed electronically, and an accepted online agreement is evidence of the terms. Stamp duty on electronic agreements varies by state; for a large deal, a lawyer can say whether it applies.
Does a barter collab need the #ad label?
Yes. ASCI's guidelines treat anything given in return for a post — free products, a stay, a discount — the same as payment. The post needs a clear disclosure such as #ad, #collab or the paid-partnership label, visible without tapping "more".
Can a brand use my reel in its ads?
Only if the agreement says so. Usage rights should state whether the brand may run the content as a paid ad or repost it, on which platforms, and for how long. Paid usage is usually priced separately from the post itself.
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