Maloum agency contract: what it must cover

A Maloum agency contract has to fit Maloum’s creator terms of 9 July 2026, because everything an agency does in your account is treated as your own doing. Before you sign, go through seven points: scope and control, disclosure in the chat, how payouts flow, account access, use of AI, the recruiting ban, and exit along with ownership of the account. Checked on 1 October 2026.

What should a Maloum agency contract include?

At the very least: what the agency does, how it does it, what it is paid and how you get out again. The table holds each clause up against Maloum’s rules.

Clause	What good looks like	Warning sign
Scope and control	tasks listed one by one, you approve and can step in at any time	“We take over your whole account”
Chat disclosure	sets out how fans learn that a team may be writing	chatters are told to pretend to be you
Payouts	Maloum pays you, the agency invoices afterwards	payouts to an agency account with no statement
Access	defines who logs in and how; email and bank details stay with you	the agency changes password, email or IBAN
AI and software	tools named, no automated access	“automation” with no explanation
Recruiting	no first contact via Maloum, your account is never used to recruit	the agency first contacted you by Maloum message
Commission	percentage and calculation basis in writing, no upfront fee	a fee before you have earned your first euro
Exit	a notice period you can manage, all access handed back, the account stays yours	long lock-in, the account “belongs” to the agency

How much control can you hand to an agency?

Less than some agencies would like to take. §7.5 of the creator terms allows helpers who act »ausschließlich im Auftrag, unter der Anleitung und unter der fortlaufenden Kontrolle des Creators«, which means only on the creator’s behalf, under their direction and subject to their ongoing control. §7.7 bans any use that amounts to handing the account over, whether fully or in practice.

§4.3 adds that the account is personal and cannot be transferred, and you stay responsible for everything that happens through it. A contract under which the agency decides on content, prices and chats on its own does not square with that. What works is a rule on which decisions you sign off and how you can read along whenever you like. What we take on and what stays with you is described on the page about Maloum management.

What should the contract say about chat disclosure?

It should commit the agency to the disclosure duty under §7.7 and rule out ever misleading fans about who is writing. As far as Maloum is concerned, that duty is yours even when the team does the typing.

If a chatter lies, you are liable and must indemnify the platform; §9.4 expressly extends this to third parties you have authorised. On top of that, §9.1 sets a flat contractual penalty of €500 for breaches. A good contract therefore also states who covers these costs when the agency caused them.

Can Maloum pay out directly to the agency?

Yes, if you expressly agree (§15.10). In that case Maloum is not liable for any dispute between you and the agency about the payout.

We regard the direct route as the safe one: Maloum pays by credit note (Gutschrift) into the bank account on file, and the agency bills its commission afterwards. That way every euro reaches your own account first. Our commission is 30%–60% depending on scope, set out in writing before you sign, with no upfront fees; the details are under pricing, and market comparisons under how much Maloum agencies take.

How should account access be handled?

In writing and in detail, because Maloum leaves the question open for creators. The terms neither expressly allow nor ban sharing the password, and Maloum does not describe team or chatter logins with separate roles anywhere.

The contract closes that gap. It should answer who has access and on which devices, who may change the password, the email address and the bank details (the answer: only you), and what happens to access on the last day you work together. With us, the creator keeps the account’s email address and the payout details.

What belongs in the contract about AI?

Which tools the agency uses, whether AI is among them and who labels AI content. AI is allowed under §7.6, but labelling remains your job.

Also get it in writing that no program accesses the platform automatically, since §8.2.5 bans that. Maloum has not said whether a third-party CRM counts. A trustworthy agency can tell you what it runs and why it believes that is allowed. More on this in the post on AI on Maloum.

What does the recruiting ban have to do with your contract?

Quite a lot, if the first contact came through Maloum. §8.2.8 bans recruiting creators on the platform for agency, management or other services.

An agency that messaged you on Maloum broke Maloum’s rules before you had signed anything. Add a clause as well stating that your account will never be used to approach other creators. Because helpers’ actions are attributed to you, a breach like that would land on your account.

What happens to your Maloum account when the contract ends?

It stays yours. The account is personal and non-transferable under §4.3, so no agency can own or keep it.

Look closely at the notice period. Maloum itself lets you leave the platform contract with four weeks’ notice to the end of a month, while an agency-side guide from our agency study describes one to three months, sometimes six, as the industry norm. Aim for a notice period you can keep track of, a list of every login to be handed back or changed at the end, and a date by which the last commission will be billed. Take your time over the contract and, if in doubt, have a lawyer look at it. More warning signs are gathered in Maloum agency red flags.