Question

Topic: Advertising/PR

Prepare & Negotiate A Sales & Marketing Agreement

Posted by Anonymous on 9/2/2010 at 4:12 PM ET 250 Points
I am negotiating with a greentech startup about doing commission sales for their solar product. They have no sales people currently except for the owner/partner. I would like to see if anyone in this group can assist me with directions on how to prepare and negotiate a sales and marketing agreement with a cash poor new startup. I hope to include channel sales as well. Someone who has experience with negotiating for stock options would be greatly appreciated. Thank you for your help.
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  • Posted on 9/2/2010 at 4:26 PM Accepted
    I have negotiated and prepared sales/marketing agreements on several occasions, on both sides of the table, for myself and for clients. I'd be happy to help.

    I do not, however, have experience with stock options as part of the deal. That is well beyond my area of expertise and probably requires involvement of attorneys who deal with that sort of thing.

    Also, understand that I am not an attorney and cannot vouch for the legal aspects of any agreement. I would caution that, however you do this, you need to have a competent lawyer provide input and review the final agreement.
  • Posted by michael on 9/2/2010 at 7:08 PM Member
    Stock option? Are you that certain you want that as a carrott? You might want to look at other greentech companies. Hoovers.com has a list of recent IPO's. See how many of those are still around.

    Ok, no cash right? Key is to agree on all your activities and which of those you would pay for. Do you get mileage reimbursement? Do you do all your own creative and printing...at your cost? If they aren't providing that you are not an employee so then you need a independent representative agreement. These are easy to pull off the internet.

    Pick 20% commission on the gross sale to start. That will start the discussion about what you are responsible for because it is higher than most commission.

    Michael
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