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
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 →How other platforms handle this
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you...and in that case, you agree to cooperate with our defense of those claims.
We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
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"You agree to indemnify, defend, and hold Whatnot harmless from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your breach of any representation or warranty in these Terms; (b) any claim that your Submitted Content infringes a third party's intellectual property rights— Excerpt from Whatnot's Whatnot Legal Terms
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The clause states: “You agree to indemnify, defend, and hold Whatnot harmless from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your breach of any representation or warranty in these Terms; (b) any claim that your Submitted Content infringes a …”
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