Have you ever met the perfect brand partner for your blog business? You know, when they are perfect for your audience and you love the work they do. You fall in business love and then they ask you to go steady. (By entering into a lucrative contract as a brand ambassador, of course.)
Next, it's time to make it official. Everything in the contract is what you expected. Except the exclusivity clause. It looks like this:
Blogger agrees that Blogger will not, at any time during the Term and for a period of one (1) year after, render any services of any kind for any other company, group, organization, or product deemed to be a competitor of Brand.
A year after the contract is over? Who do they consider a competitor? You really want the relationship to move forward, but you don't want to agree to this clause. What should you do next?
Approach the brand to negotiate exclusivity in the contract.
Always remember, you can negotiate a blog campaign contract, including exclusivity provisions. Here are a few tips to make the negotiation easier.
Determine if the exclusivity provision is a sticking point for the brand.
If you don't want any type of exclusivity provision in the contract, propose that the brand remove the clause. In some cases, this may not be a critical provision for the brand, and you can negotiate to have it removed entirely.
If the brand declines your request, the tips below may help you negotiate exclusivity in a way that makes both parties happy.
Shorten the term of the exclusivity provision.
In influencer marketing contracts, it's not unusual to find exclusivity provisions that last for the duration of the agreement. In many cases, however, they last for a period beyond the scope of the agreement.
Negotiate exclusivity by asking for adjustments to the timing. If the time period requested is too long, request that it be shortened. In the example listed above, you could consider requesting that it expire at the end of the term or within three months.
Narrow the scope of the exclusivity provision.
One of the best ways to negotiate exclusivity is to ensure that the competition is defined narrowly and with specificity.
For example, let's say you are working to promote a granola bar that is marketed heavily as a breakfast food. If the contract states that you can't work with other types of breakfast foods, it's likely too broad. In today's dietary world, that could include bread, fruit, meat, shakes, cold pizza, etc.
Propose that the brand narrow the definition so that it will not invoke too many additional categories. This is critical so you know exactly who you can and can't work with on other campaigns.
If, like the example above, the brand says that you may not work with its competitors, ask for a list of prohibited companies/products. This way, you know exactly what is permissible before you sign the contract.
If you can't negotiate exclusivity, adjust your pricing.
If the brand is unwilling to negotiate the exclusivity provision, you may want to focus on negotiating your pricing instead. Typically, bloggers will consider how much income they may lose during a specific period if they are unable to work with brands prohibited by the contract. You can then propose the new pricing and advise the brand as to how the exclusivity provision may impact the overall price.
Don't forget: it's okay to say no if you can't agree on the terms. Even if it is your dream brand relationship. While this deal may not be the right one, you may be able to work together in the future.
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