What does perpetual whitelisting rights mean in a brand deal?

Brand wants perpetual paid ad and whitelisting rights? See what it means for creators, why it is costly to give away free, and a limited-rights clause.

The risky clause

Brand receives a perpetual, worldwide, irrevocable licence to use the content, including paid advertising and whitelisting, at no additional fee.

Why it is dangerous

Whitelisting lets the brand run ads through your social handle. Perpetual and irrevocable means forever, even if you later disagree or the deal ends. Paid usage is usually priced separately from the organic post fee. Without a time limit and fee, your face can sell their product for years at no extra cost. This is general information, not legal advice.

Safer clause to propose

Paid advertising and whitelisting are licensed for [30] days from first use, in [COUNTRY], on named channels, for a monthly usage fee of [AMOUNT]. Rights end automatically at expiry unless renewed in writing.

Message to send

Hi [Brand],

Thanks for the deal. Could paid ads and whitelisting be licensed for 30 days with a monthly usage fee, rather than perpetual? I am happy to extend if the campaign performs. Thanks, [Your Name]

Frequently asked questions

What is whitelisting for influencers?

It is when a brand runs paid ads from your handle or uses your content in ad campaigns. It should be separately priced and time-limited.

Should I accept perpetual usage rights?

Rarely for free. Limit duration, channels and region, and charge a usage fee.

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