Brand deal exclusivity: what it means and how to price it
Exclusivity means you agree not to work with a brand's competitors for a set time. It limits your future income, so price it separately from the content: define the category, the dates and the territory, then estimate what you would turn down. Short windows are easier to include; long ones are worth a clear fee.
General information, not legal advice. Exclusivity can restrict how you earn. Get your own legal advice before agreeing to broad or long restrictions.
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What an exclusivity clause covers
An exclusivity clause (sometimes called a non-compete or category exclusivity) is the part of a brand deal that limits who else you can work with. Four things define it. Pin each one down before you agree.
| The dial | What to pin down | What to watch for |
|---|---|---|
| Category | The product category, by example (for example "face moisturisers", not "beauty") | "Competitors" with no definition, or "anyone similar" |
| Duration | A start date and an end date | No end date, or a start at signing when the post goes live months later |
| Territory | Where the restriction applies | A restriction that covers more places than the brand sells in |
| Platforms | Which channels the restriction covers | A restriction that covers everything you post anywhere, when the brand's campaign runs on one platform |
"Competitors" should be defined by category or by named examples. "Anyone similar" is too open to work with, and it leaves you guessing about what you can accept.
Exclusivity is not usage rights or whitelisting
These three often appear in the same clause, so they get mixed up. They're different things.
| Term | What it does | Who it limits or lets |
|---|---|---|
| Exclusivity | Limits what you do for other brands | Limits you |
| Usage rights | Lets the brand use your content, in set places and for a set time | Lets the brand |
| Whitelisting | Lets the brand run ads from your handle | Lets the brand |
Each one has its own cost to you, so each one gets its own line. Read usage rights explained for the definitions, and use the usage rights calculator to test your own assumptions.
How to price exclusivity (method, not a percentage)
Exclusivity has a real cost: the work you might turn down while it lasts. The method below prices that cost directly.
- List the brands you'd realistically work with. Name the brands in that category you would genuinely have worked with during the period.
- Estimate what you would have earned from each. Use your own past fees or your own rate card.
- Scale each by how likely you were to book it. Be honest. A brand you'd love but have never spoken to is a long shot. A brand that already asks you back every few months is not.
- Add the result to the content fee, as its own line. Don't fold it into the content price, so the brand can see what the restriction costs.
In short:
Exclusivity fee = the sum of (what you'd earn from each brand × your honest chance of booking it)
An illustration, not a rate
Illustration only. Made-up creator, made-up numbers, to show the sum. Not a rate, not an average, not a suggestion.
A made-up creator is asked for two months of exclusivity in one category. Three brands in that category would realistically hire them in that time:
| Brand | What they'd pay (illustration only) | Chance of booking (illustration only) | Contribution |
|---|---|---|---|
| Brand A | $1,000 | 1 in 2 | $500 |
| Brand B | $600 | 1 in 3 | $200 |
| Brand C | $400 | 1 in 4 | $100 |
| Exclusivity line | $800 |
The exclusivity line would sit next to the content fee, not inside it. Your own brands, fees and chances will be different, so use your own numbers.
Why published percentages differ
You'll see very different percentages for exclusivity in articles and tools. They differ because they measure different things:
- What the percentage is a share of (the content fee, or the whole deal).
- How broad the category is.
- How long the restriction runs.
- How crowded your niche is.
So don't copy a percentage. Work out your own cost from the method above, then write your own rule once and reuse it. The usage rights calculator has a blank exclusivity input for this reason.
What to put in writing
Get these in the contract, not just in a message:
- The category, by example.
- Start and end dates.
- The territory.
- Carve-outs for existing partnerships, so you don't breach by honouring a deal you already had.
- What happens if the brand ends the deal early or the campaign slips.
Add your terms to the Terms & conditions or Notes on any quote or invoice, and keep the signed contract on the deal. For a checklist of everything a contract should cover, see the brand deal contract template.
Poppi Social has no exclusivity field and doesn't remind you when exclusivity ends, so put the end date in your own calendar.
Red flags
Slow down and ask questions if you see:
- No end date.
- "All competitors" with no definition.
- Exclusivity combined with perpetual usage. Get your own legal advice before agreeing to both.
- Exclusivity that starts at signing, but the post date is months away.
- No extra fee for months of restriction.
Can I work with competitors during exclusivity?
Not in the category and the period the clause covers, unless you've agreed a carve-out in writing. Work outside the defined category is not restricted by the clause as written, which is why the category needs a clear definition. Check exactly what your contract says, and get your own legal advice if it's unclear.
Related on Poppi
Exclusivity, answered
General information, not legal advice. Get your own legal advice before agreeing to broad or long restrictions.
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