Exclusivity Clauses: What Teacher-Authors Should Check Before Agreeing

Exclusivity clauses show up in all sorts of places teacher-authors sell: marketplace tiers, publisher deals, curriculum company contracts, even some district agreements. They usually come with something attractive in return, such as a better rate, extra promotion or tools. In exchange, you promise that certain resources will be sold in one place only.

That can be a fair trade. It can also tie up your best work for longer, or more broadly, than you expected. The difference is almost always in the wording. This guide lists the questions worth answering before you agree. For the record, TeachLessons takes no exclusivity at all, and you can submit your resources while keeping every other channel open.

Why the wording matters more than the reward

Once you agree to an exclusivity clause, you have made a promise. If you later discover that a resource you sell on your own website falls inside its scope, you need to stop selling it there. So the time to understand the scope is before you agree, not after.

It cuts the other way too. If you assume a clause covers more than it does, you might turn down an offer that would have suited you fine. Reading closely protects you in both directions.

A practical habit: save the terms as a PDF on the day you read them, with the date in the file name. Highlight every sentence that uses words like exclusive, only, sole or solely, and every sentence that describes where you may or may not sell. Terms change, and having the version you relied on makes later questions much easier to settle.

Which resources does it cover?

Look for the definition of what is covered. Some clauses cover everything you publish. Others cover only certain types of resources, or only resources listed after a certain date. Check the definition against your own catalog, one kind of item at a time.

• Does it cover free resources as well as paid ones?
• Are print, digital and editable versions of the same resource treated the same way?
• What about bundles that combine a covered resource with other material?
• How are resources you co-created with another author handled?
• Does it apply to resources you make in the future, or only to what exists today?

Where does it stop you from selling?

Make a list of every place your resources appear: your own website, other marketplaces, a newsletter where you sell files, a school that buys directly from you, a professional development session where you hand out materials. Then check each one against the clause. Some clauses only cover other marketplaces. Others reach your own shop as well.

• Does it apply to sales on your own website?
• Does it apply to direct sales or licences to schools and districts?
• Is giving a resource away for free treated differently from selling it?
• If your resources are listed elsewhere now, by when must they come down?

How long does it last, and how do you leave?

An exclusivity clause without a clear end is a bigger commitment than one with a fixed term. Find out how long it runs, whether it renews automatically and what you have to do to leave. Check whether leaving has a cost, such as a fee you don't get back or a waiting period before you can list elsewhere.

Write down the answers with the date and where you found them. If a support team answers a question by email, keep the email. Our article on selling the same resource on several marketplaces explains why the agreement you sign takes priority over the general fact that you own your copyright.

Put the answers next to the money

Once you know the scope, compare the reward with what you give up. Work out what the better rate or extra promotion is worth in a year based on your own sales history. Then ask what selling elsewhere could be worth to you, honestly, without assuming sales you have no reason to expect.

For a fixed reference point, here is what a non-exclusive channel pays. With TeachLessons you keep 70% of the price after a flat 3% payment cost. A $50 bundle pays you $33.95 per sale and a $5 resource pays $3.40, with no fee to join. Our payout calculator shows every price from $1 to $50. We can't promise any number of sales, but each sale here leaves the rest of your options untouched.

If you decide an exclusive arrangement is right for you, honor it fully. Resources covered by an exclusivity agreement anywhere can't be listed with TeachLessons, so please only submit resources that no such agreement covers.

When to get help

This article is general information, not legal advice. If your situation is complicated, for example with co-authored work, a publisher contract or a district agreement, it may be worth paying a lawyer to read the clause with you. An hour of advice costs less than a dispute. If you are moving resources between channels, our compliance checklist covers the other things to check, including clip art and font licences.

Questions sellers ask

More for teacher-sellers

General information about the TeachLessons Seller Program, not legal, tax or financial advice. The seller agreement you receive before listing sets out the binding terms.