obligations
Exclusivity / Non-Compete
Definition
A clause that restricts the creator from working with competing brands or promoting competing products during (and sometimes after) the contract term. Exclusivity can be full-category, platform-specific, or limited to a specific competing brand list.
For Creators
Exclusivity has a price. If a brand wants to lock you out of an entire product category, the fee should reflect lost opportunity. Negotiate hard caps on the category definition and a clear sunset date—open-ended non-competes are a red flag.
For Brands
Exclusivity prevents the creator from undermining campaign impact by promoting a competitor simultaneously. Draft the category narrowly enough to be enforceable and broadly enough to protect your investment.
⚠ Red Flag Warning
Watch for vague category definitions like 'any health and wellness brand.' This can be interpreted to cover entire markets. Always push for a specific named competitor list or a tightly defined category.
Sample Contract Language
“During the Term, Creator shall not create sponsored content for, or accept compensation from, any Competing Brand, defined as those listed in Exhibit B. Creator acknowledges that participation in campaigns for any such brand constitutes a material breach of this Agreement.”
Related Terms
Appears in 8 contracts
Browse related contracts →Contracts containing this term
Brand Ambassador Agreement
Nitches, Inc. (Nevada) · 2022 · EDGAR
Amended and Restated Promotional Services Agreement
TIPPT Media Inc. (Delaware) · December 2011 · EDGAR
License Agreement (Kathy Ireland / NuGene)
kathy ireland Worldwide, Inc. (CA) · November 4, 2014 · EDGAR
Endorsement and License Agreement (KHODE Brand / DJ Khaled)
Khode (CIK 1109486) · 2021 · EDGAR
Professional Services Agreement / Brand Ambassador (CBD Products)
Tauriga Sciences Inc. (Delaware) · September 24, 2020 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v1)
Giggles N' Hugs, Inc. (Nevada) · February 28, 2017 · EDGAR
Brand Ambassador Agreement (Jillian Michaels / Giggles N' Hugs v2)
Giggles N' Hugs, Inc. (Nevada) · 2018 · EDGAR
License Agreement (Cardi B / Whipshots)
Whipshots, LLC (Wyoming) · September 14, 2021 · EDGAR