Sellers agree to pay Whatnot a commission on each sale, as specified in the Seller Policy, which Whatnot may update with notice. The specific commission rates and fee structures are governed by the Seller Policy document rather than the Terms of Service itself.
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 commission and fee terms applicable to sellers are set by a separately referenced Seller Policy that Whatnot may update, meaning the financial terms of seller participation are subject to change outside of the Terms of Service document itself. Sellers should monitor the Seller Policy for changes affecting commission rates.
Interpretive note: The specific commission rates and fee schedules are not reproduced in the Terms of Service document and are governed by a separately maintained Seller Policy; the current rates and update history are not assessable from this document alone.
The updated terms establish mandatory arbitration as the exclusive dispute resolution mechanism for influencers, replacing direct court access in California and Australia. Under the revised language, any dispute with Whatnot must proceed through arbitration under the main Terms of Service, which includes a class action waiver. This means influencers cannot bring class or collective claims and cannot access court proceedings except where the main Terms of Service explicitly permits. The practical effect is that individual influencers seeking to resolve disagreements with Whatnot over payments, account suspension, content disputes, or contractual interpretation must use arbitration rather than litigation.
View change record →The updated terms establish a formal Creator Program for Australian users that defines how creators can submit content for potential monetary or credit rewards. Creators grant Whatnot a one-year, non-exclusive, worldwide license to use submitted videos across paid and organic social media, television, and other platforms, while retaining ownership of the original content. The terms require creators to clearly disclose any material connection to Whatnot, including consideration or free products received, in a form specified by Whatnot and compliant with Australian advertising standards and the AANA Code of Ethics.
View change record →Australian sellers using Whatnot are now required to resolve all disputes through arbitration rather than through Australian courts. The updated terms state that disputes will be resolved exclusively under the main Terms of Service arbitration provisions, removing the previous option to bring legal action in Los Angeles courts or pursue jury trials. The terms no longer include language allowing court proceedings, except where the main Terms of Service expressly permit.
View change record →Removal of explicit commission disclosure provision may indicate shift to more detailed fee structures in separate seller policies rather than main terms of service.
View full change record →This is a more detailed specification of seller fee obligations that provides explicit notice requirement and clearer terms compared to the previous generic fee language.
View full change record →Sellers on Whatnot are subject to commission fees on each sale as defined in the Seller Policy, which may be updated by Whatnot with notice. The specific rates and any fee schedule are not fixed within the Terms of Service and are governed by a separately maintained policy document.
How other platforms handle this
To be eligible to earn Onsite Commission Income from the applicable Amazon Site, you must be registered as an Influencer for the applicable Amazon Site with a dedicated Store ID for this purpose.
Tipping/Donation Twenty percent (20%)
Betterment Advisor Network Referral Program Client Terms and Conditions
"By listing items for sale on Whatnot, sellers agree to pay Whatnot a commission on each sale as set forth in Whatnot's Seller Policy, which may be updated from time to time. Whatnot reserves the right to change its commission rates and fee structures with notice to sellers.Excerpt from Whatnot's Terms of Service
1.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The commission and fee terms applicable to sellers are set by a separately referenced Seller Policy that Whatnot may update, meaning the financial terms of seller participation are subject to change outside of the Terms of Service document itself. Sellers should monitor the Seller Policy for changes affecting commission rates.
Sellers on Whatnot are subject to commission fees on each sale as defined in the Seller Policy, which may be updated by Whatnot with notice. The specific rates and any fee schedule are not fixed within the Terms of Service and are governed by a separately maintained policy document.
ConductAtlas has identified this type of provision across 35 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.