This article was originally published in the March 2026 issue of Headnotes.
The digital creator economy—where people monetize goods and services using their creativity and clout on platforms such as YouTube, TikTok, and Instagram—continues to surge in new directions, dramatically reshaping how brands should approach endorsement deals. Amy Andrews, President of Mars United Commerce, predicts that social platforms like TikTok will become the top retail media networks for brands in 2026, capturing even more marketing spend away from traditional media channels. According to industry predictions, the market of the creator economy is expected to reach $480 billion by 2027. Brands are understanding more that creator partnerships are central to marketing strategies and revenue growth.
However, as creators build simultaneous audiences across multiple platforms, the brand endorsement landscape grows more complicated. Brands aiming to harness this influence must structure endorsement deals in a way that secures real value, while remaining flexible enough to accommodate creator growth. This article highlights three primary deal terms for brands to consider when negotiating creator endorsement agreements in today’s fragmented digital landscape: (1) exclusivity, (2) approval rights, and (3) conduct control.
The first, and perhaps most obvious, deal point to consider is exclusivity. Customarily, exclusivity meant generally prohibiting talent from endorsing a competitor’s product, with little attention given to parsing out channels or content type, among other terms. In today’s fragmented digital landscape, exclusivity provisions are far more nuanced and heavily negotiated. When negotiating exclusivity, brands should consider, among other things, format, platforms, and scope.
Creators often engage different audiences with different content styles. For example, a 10-minute makeup tutorial on YouTube will attract a different audience than a 60-second GRWM (“get ready with me”) video on TikTok. Brands should consider whether exclusivity is necessary for all content formats and styles, because the economics of these differences can be significant.
Creators can also have massive audiences on one platform and significantly less on other platforms. For example, Harry Jowsey, an Australian reality TV personality and social media influencer, has a staggering 4.4 million followers on Instagram. Meanwhile, he only has 144,000 followers on Facebook. Brands should consider whether exclusivity is necessary for all platforms (e.g., all existing and future official social media accounts operated by the creator throughout the term of the agreement) or specific platforms through which the targeted consumers are expected to engage.
As with traditional celebrity endorsement deals, brands must carefully consider the appropriate scope of restrictions. Creators often work across multiple product categories, which can make delineating exclusivity an exercise in precisely crafted, defined terms. For instance, when negotiating exclusivity within the “makeup” category, it is important to clarify whether products such as foundation primers—which some may argue are more closely aligned with skincare than makeup—are covered. Establishing clear, written boundaries for the engagement up front helps prevent misunderstandings and unnecessary expense for brands.
It is not hard to see why exclusivity is one of the most valuable and often heavily negotiated points in creator endorsement deals. Ultimately, in this increasingly fragmented digital landscape, brands will no longer be able to approach exclusivity with a “standard provision” or “one-size-fits-all” mindset.
A second deal point brands should consider is approval rights. Brands invest heavily in their image and naturally want to control how the brand is portrayed. At a minimum, brands should require the creator to comply with advertising legal standards (e.g., the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising). Brands can then choose to set additional guidelines around sensitive topics or other areas of concern that are particular to the brand. However, endorsement deals that are too restrictive run the risk of undermining the authenticity and personality of the creator that made him or her popular and influential (and thus, valuable to the brand) in the first place.
Finally, brands should consider a conduct clause to mitigate the risks of unwanted attention arising out of the engagement. A conduct clause, also known as a morality clause, is a contractual provision found in endorsement agreements that affords brands certain rights and remedies if the creator engages in behavior that could be considered immoral, illegal, offensive, or harmful. Social media’s speed means controversies can arise and spread globally within hours, and today’s fragmented digital landscape makes these situations even harder for brands to manage. Thus, brands need— now more than ever—fast, effective levers to distance themselves quickly from creators whose conduct may trigger public backlash or harm the brand’s reputation.
The rise of multi-platform creators in this fragmented digital landscape challenges brands to rethink the terms of what once may have been “standard” endorsement deals. By carefully considering exclusivity structuring, balancing brand control with creator authenticity, and crafting robust conduct clauses, brands can continue to capture the economic value of digital influence while protecting the integrity and goodwill of the brand.