Exclusivity: To Give or Not to Give?

Exclusivity: To Give or Not to Give?

Have you ever had a brand ask you for exclusivity as part of your collaboration agreement? 
How did you respond?
Whether you’re negotiating exclusivity for a specific deal or you’re looking to create standard exclusivity parameters for your contract language… any way you slice it there are some important factors to take into account. Here are our thoughts on the matter:

Reasons to grant exclusivity

  • As a common courtesy for the day that you are posting about a brand. (It makes your endorsement look insincere and it makes you kind of a jerk)
  • If you are being compensated for the potential loss of income you could incur during the period of exclusivity. (you’re getting paid more to turn down potential conflicting deals)

Reasons not to grant exclusivity

  • Because you might be losing potential brand deals during that period of exclusivity. Unless you’re being paid for an extended exclusivity period, you should not grant it as just part of the deal.

You’ve got to make the call ultimately, but here are some more tips:
First, determine:

  • How long does the brand require exclusivity?
  • Does this exclusivity agreement infringe on your ability to make money from other partnerships?
  • Is it worth it?

Then, outline the exclusivity explicitly in the contract language:

  • How long before/after each post are you granting exclusivity?
  • What constitutes a competitor? (Be super clear. Example: For 24 hours before and after each post I will not post about any other beverage brands.) 
  • Make sure your contract is covering all the other bases too. Check out our Contracts 101 resource.

If you decide to grant exclusivity.
.. we think you should make them pay for it. 
Exclusivity should theoretically affect your posting rate more than content rights because exclusivity can hamper your ability to make other deals. Many brands are realistic about the fact that influencers have multiple campaigns going on at a given time and will be flexible with exclusivity. As a professional courtesy you should give your clients exclusivity within each branded photo and for the day that the photo is posted.
Example: If you are posting a photo for Coca Cola, there should be no other competitor brands visible in the photo or tagged in the caption (this means other drinks or snacks) additionally you should not post a photo about Pepsi later in that same day.  
However, some brands will request that you give longer periods of exclusivity to their products-- say, no posts about competitors for a week before or after the post. This could inhibit your ability to earn money if you were approached with a deal from a competitor during that same time period, so exclusivity of this kind might mean you charge more for the campaign. 
What’s the longest period of exclusivity you’ve had a brand ask for?
Shoot us an email and let us know: snapfluence@snapfluence.com

photo cred: unsplash

Creative Community Director at Snapfluence. 

There is often a pen stuck in my hair.