Clause 1: what the commission covers

Commission can apply to deals the agency arranged. It can also apply to all your income, including deals you found yourself and revenue from your own products. The second option costs you much more. Define the base exactly and put the exclusions in writing.

Clause 2: term and exit

A realistic notice period is more important than the length of the term. Check the rules for renewal. Renewal by mutual agreement is in your interest, and automatic renewal is in the interest of the agency.

Clause 3: the tail after you leave

After the relationship ends, some agencies still receive commission on deals they arranged. This is called the tail. A short tail is reasonable. Avoid a permanent tail that covers every future renewal with that brand. Limit the tail to a number of months and to contracts already signed.

Clause 4: who owns the accounts

Channels, account names, mailing lists and the business e-mail belong to your company. If an agency creates something for you, write down that you own it and that the agency hands over access when the relationship ends. Getting an account back from a former partner takes a long time. You prevent this with one sentence in the contract. See your team and your secrets.

Clause 5: how you get paid

If the brand pays the agency first and the agency then pays you, you depend on the agency and wait longer for your money. If you have to accept this, agree payment terms, a duty to report and the right to see the underlying invoices. If you invoice the brand directly and pay the commission afterwards, there are fewer steps and the VAT (value-added tax) is easier to handle. See brand deal income.

Clause 6: authority

Some agencies can accept deals in your name and skip asking you first. Require your written approval for each deal. Then you make the decisions, and you avoid commitments that you first hear about from your audience.

Before signing

Ask for two references from creators who left the agency. Their answers usually tell you about clauses three and four faster than a contract review. See selling your channel or brand for how to protect what you build.