Mistake: an exclusivity clause with no category scope
Failure mode: you write "creator is exclusive to us." They read it as "this product only." Next week they promote your direct competitor. Both of you were technically right, and your deal is worthless.
Fix: define exclusivity on three axes, always.
— Category: name the competitive set ("no other CRM tools"), not just your brand
— Duration: exact start and end dates
— Scope: which platforms and which content types are covered
Decision rule: exclusivity costs money. Price it as a separate line (+25-50% of base). If the creator won't take a category lock, you're buying a single post, not a partnership. Budget accordingly.
Checklist before signing:
— Competitor category defined with examples
— Window has hard dates, not "ongoing"
— Carve-outs listed (existing deals they can keep)
— Premium for exclusivity itemized
Definition of done: you could hand the clause to a stranger and they'd know exactly which brands the creator may not promote, and until when.
Unscoped exclusivity protects nothing. Name the category or skip the clause.
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Mistake: an exclusivity clause with no category scope
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