Some brands ask creators not to work with competitors during or after a campaign. This is called exclusivity, or a non-compete clause. It's a normal part of many collaborations, but it's important to know exactly what you're agreeing to. This article explains the basics. It's general information, not legal advice.
What is exclusivity?
With an exclusivity agreement, you promise a brand that you won't work with its competitors for a certain period. A coffee brand, for example, may ask you not to promote any other coffee brands for three months.
Why do brands ask for exclusivity?
Brands want your recommendation to be credible. If you promote their product today and a competitor's product next week, your recommendation loses value, both for the brand and for your followers.
What should you check?
- Duration. How long does the exclusivity last? Only during the campaign, or also for a period afterward?
- Start date. When does the period begin: when you accept the campaign, when you deliver your content or when it's posted?
- Scope. Which brands count as competitors? A specific list of brands is clearer than a broad description such as "all food brands".
- Channels. Does the exclusivity only apply to posts on your own channels, or also to UGC you make for other brands?
- Existing collaborations. Does the exclusivity conflict with agreements you already have with other brands?
Exclusivity deserves compensation
If you're not allowed to work with competitors, you miss out on income. The longer and broader the exclusivity, the more it's worth. For collaborations outside Influentials, factor this into your rate. Read How to determine your rate as a creator for tips.
Before you accept a campaign
- Check your current agreements. Are you already under exclusivity with a competing brand? Then don't accept the campaign.
- Ask if something is unclear. Is it unclear which brands count as competitors? Ask the brand before you start.
- Be realistic. Can you live with the exclusivity? Consider whether it's worth it, especially if your niche has many competing brands.
During the exclusivity period
- Don't post about competing products. This also applies to products you bought yourself, if that's covered by the agreement.
- When in doubt, ask. Not sure whether a brand counts as a competitor? Check with the brand you have the agreement with before you accept a new collaboration.
Keep an overview
Note for each campaign which exclusivity you've agreed to: with which brand, for which category and until when. This helps you avoid conflicts and quickly see which campaigns you can accept.
What happens if you break the agreement?
Breaking an exclusivity agreement can have consequences, such as a contractual penalty, loss of your compensation or damage to your reputation with brands. It's better to say no to a campaign than to break an agreement.
Exclusivity on Influentials
On Influentials, any exclusivity is stated in the brief and the campaign terms. Read them carefully before you apply, so you know exactly what you're agreeing to.
For collaborations outside the platform
Record exclusivity agreements in writing, with a clear duration, scope and list of competitors. If the proposed exclusivity feels too broad or too long, you can try to agree on a shorter period, a narrower category or a higher fee.
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