After you sign and working with a team
How Exclusivity Conflicts Happen Across Deals
Quick answer
An exclusivity conflict happens when a new offer would break a restriction in a deal you already have, or when an old restriction blocks the new offer. You can catch it by comparing the category, the competitors, and the dates of every active deal before you say yes.
Key takeaways
- Conflicts usually come from overlapping categories, vague wording, and time windows that run longer than expected.
- Each deal’s restrictions should be written down in one place, so a new offer can be checked quickly.
- Check parent companies and sister brands, not just the brand’s name.
- If you find a conflict, tell the brand early and ask to adjust the category or the dates.
How conflicts happen
Most conflicts are not obvious. They build up as you take on more deals, and each deal has its own category, competitor list, and dates.
| Situation | Why it conflicts | What to do |
|---|---|---|
| Two deals in overlapping categories | A new offer falls inside a category you agreed to avoid | Ask to narrow the category, or decline |
| A category is described too broadly | Wording like “beauty” or “wellness” blocks more than the brand competes in | Ask for a specific category |
| The window runs past the campaign | A restriction starts before the posting date or ends well after it | Ask for exact start and end dates |
| The brand is part of a larger group | The new brand shares a parent company with a competitor | Check who owns the brand before you agree |
| First-look or right of first refusal | An earlier deal gives another brand the right to match or see your offers first | Read the clause and give notice if it applies |
| Organic mentions count as work | A casual post about a product is treated as promotion | Ask whether the restriction covers only paid promotion |
What to write down for every deal
- The brand, and the parent company if you know it.
- The category you cannot promote.
- Any named competitors.
- The start and end dates.
- Whether it covers paid posts only, or any mention.
- Any first-look or right of first refusal terms.
- Where the signed contract is saved.
How to check a new offer
- List the category and dates the new brand wants.
- Compare them with every active deal on your list.
- Check the new brand’s parent company and sister brands.
- Look at the dates, including the time before and after the campaign.
- If anything overlaps, ask the new brand or the old brand to clarify before you answer.
What to say
Before I confirm, I want to check this against my current partnerships. Can you tell me the exact category and dates you have in mind?
I have an existing agreement in [category] through [date]. Could we narrow the category, or start after that date?
Thank you for thinking of me. I have to pass on this one because of a conflict with an existing partnership.
What to do if a conflict has already happened
Tell both brands as soon as you notice, and review each contract. You may be able to adjust the category or the dates, or one brand may release you. Talk to a lawyer if the amounts are large or if either brand raises a dispute.
Frequently asked questions
What is an exclusivity conflict?
It is when a new deal would break a restriction in an existing deal, or an existing restriction blocks a new one.
How do I know if a new offer conflicts with a current deal?
Compare the category, competitors, and dates of each active deal with the new offer. Check parent companies too.
What should I do if there is a conflict?
Tell the brands early and ask to adjust the category or dates. If that does not work, decline the new offer.
Can an organic mention break an exclusivity clause?
It can, depending on the wording. Ask whether the restriction covers only paid promotion or any mention.
Do I have to tell a brand about my other deals?
Not necessarily, but you may have to say if a deal conflicts. Check your contracts for confidentiality terms.
What happens if I break an exclusivity clause?
That depends on the contract. It can affect payment or lead to a dispute, so talk to a lawyer if you think it has happened.