Introduction
As part of their influencer marketing strategy, businesses often use social media contracts to hire influencers to create content on behalf of their brand. In this article, we’ll delve into the concept of exclusivity clauses in social media contracts, how they work in practice, and whether you should include one in your agreement with an influencer.
What is an exclusivity clause?
An exclusivity clause is a provision in a contract that restricts one party from competing with another. For instance, if you have an exclusive contract with your local gym, you have the right to use and benefit from their facilities exclusively for a certain period of time. If another studio offered you a membership during this time, they would be breaching your agreement with them.
In the context of social media, an exclusivity clause in a contract may stipulate that an influencer cannot promote other brands on social media until after their first promotional period with a brand has ended (or something similar). This provision doesn’t necessarily prevent the influencer from posting about other topics entirely (such as food or travel), but it does prevent them from promoting another company’s product while working with the first company on promotions such as giveaways or contests.
What does an exclusivity clause in a social media contract mean?
An exclusivity clause is a contract provision that prohibits an influencer from promoting the products or services of competing brands to those of your business. It can be included as part of an existing contract between you and the influencer, or it can be in a separate document called a “contract addendum.”
The term “exclusivity” may sound strict, but it simply means that the influencer will only work with one brand at a time. This way, all the marketing efforts for your product will come from the same source – the influencer.
How can you write a social media exclusivity clause?
An exclusivity clause in a social media contract should specify that the influencer is not allowed to promote the products or services of competitors. The length of time for which the clause applies should also be stated, along with any consequences if it’s breached. For example, you could specify that if your influencer uses their Instagram account to promote your brand and then posts sponsored content on a competitor’s platform within one month, they’ll have to pay back all money received from you.
It’s also a good idea to provide details about how payments will be made (e.g. monthly) and what happens if an influencer leaves before their contract ends (e.g. do they still have to fulfill their obligations under the contract?).
Should I have an exclusivity clause in my social media contract?
As the business, you’re in a position to negotiate exclusivity clauses. These clauses can be negotiated, but it’s important to do so carefully. The influencer may want all of their social media platforms to be covered by the exclusivity clause, but you might only want them to have an exclusive relationship with your brand on one platform (e.g. Facebook).
If this is the case, you might consider using tools like “Klout” or “Followerwonk” instead of just looking at follower numbers. For example, if a high-traffic person has 100K followers on Instagram and 10K Twitter followers, those numbers shouldn’t be used as justification for negotiating away all other types of social media audiences for that person.
It’s worth noting that an exclusivity clause stipulates that the influencer cannot promote the goods or services of competitors to those of your business.
Exclusivity Clauses in Social Media Contracts: Pros and Cons
An exclusivity clause is a provision in a social media contract that prohibits an influencer from promoting the products or services of competing brands. This type of clause can be beneficial for businesses, as it helps ensure that all of the influencer’s social media posts are focused on their product or service, maintains consistency within the influencer’s online image, and provides protection against competitors who may try to work with similar influencers.
However, there are also potential drawbacks to including an exclusivity clause in your social media contract. For example, it may make it difficult for the influencer to work with other brands in the future, which could result in lost opportunities and clients. Additionally, these clauses may not be enforceable in certain locations, so it’s important to consult with legal professionals before including one in your contract.
Conclusion
In conclusion, an exclusivity clause in a social media contract means that the influencer cannot promote the goods or services of competitors to those of your business. While this type of clause can provide benefits for your business, it’s important to consider the potential drawbacks and seek legal advice before including one in your agreement with an influencer.
