This analysis describes what Whatnot's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Sellers permanently and irrevocably relinquish broad control over their livestreams and intellectual property, which Whatnot and its Affiliates may sublicense to third parties without further compensation.
The updated Influencer Engagement Agreement now requires all disputes between influencers and Whatnot to be resolved through binding arbitration under the Terms of Service Section 21, rather than through California state or federal courts. This replaces the previous language permitting influencers to pursue legal claims in Los Angeles courts and waives jury trial rights. The agreement also removes language that explicitly limited dispute resolution to claims arising solely from the Influencer Agreement, extending arbitration to disputes relating to Whatnot Platform use and the influencer-platform relationship.
View change record →The new Australian Creator Program Terms establish binding legal requirements for creators submitting video content and promotional codes. Creators grant Whatnot a non-exclusive, worldwide, irrevocable license to use submitted videos across platforms (organic and paid social media, television, in-app, websites, and more) for one year from submission. The terms require creators to comply with Australian Consumer Law, AANA ethical standards, and AiMCO guidelines, with explicit disclosure requirements when promoting Whatnot or affiliated products. Rewards for approved Shopping Hauls submissions are issued within 30 business days of receiving both ad codes and raw video. You can review the specific disclosure and content standards on the Program Page before submitting content.
View change record →Under the updated agreement, Australian sellers can no longer resolve disputes through court proceedings in Los Angeles. Instead, all disputes related to the Whatnot platform or the seller relationship must be resolved through mandatory individual arbitration under Whatnot's main Terms of Service. The updated terms eliminate the jury trial waiver provision and replace court access with binding arbitration, with limited exceptions only as expressly permitted in the main Terms of Service.
View change record →If the reader is a seller, they must grant Whatnot and its Affiliates permanent, irrevocable, sublicensable rights over their livestream content and intellectual property at no cost to Whatnot.
How other platforms handle this
...you grant to users of your model a nonexclusive, worldwide, irrevocable, royalty-free license to use, store, and create derivative works from your LoRA and its output.
Wise grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or make personal use of the Wise Materials and Services.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Tinder, you may only use Member Content to the extent that your use is consistent with our Services' purpose...
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"Seller hereby grants to Whatnot and its Affiliates a perpetual, worldwide, irrevocable, fully paid-up, royalty-free, and fully sublicensable right and license to copy, use, reproduce, modify, adapt, publish, post, translate, create derivative works from, distribute, transmit, and display the Livestreams and the Seller IP— Excerpt from Whatnot's Whatnot Legal Terms
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Sellers permanently and irrevocably relinquish broad control over their livestreams and intellectual property, which Whatnot and its Affiliates may sublicense to third parties without further compensation.
If the reader is a seller, they must grant Whatnot and its Affiliates permanent, irrevocable, sublicensable rights over their livestream content and intellectual property at no cost to Whatnot.
ConductAtlas has identified this type of provision across 250 platforms. See the full comparison.
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