PDA

View Full Version : B2B commission agreement required


mercredi
18th September 2008, 10:31
My site has been supplying leads to another business for sometime - basically acting as a 'shopfront' for this other business and conducting all marketing for it..my site is very much the 'brand' for them in the UK while they are the service provider....reason being that they are overseas and my site is the English portal and obtains English speaking customers for them. We're operating in an extremely small niche and so the 'brand' I have created is well known (to the tiny few in our field!!). I receive 40 percent commission for everything that comes through my site including repeat business. The working relationship is extremely good however the owner of the other business has marital problems and I'm concerned about where i would stand if the something happened at their end. I want an agreement which includes the clause that thier business cannot seek clients in my target area (ie English speaking) without going through my site...equally that I cannot divert my site to another business nor create another one poachng the same clients...plus of course, agreeing to pay the commission.

Although this sounds a right muddle...I'm hoping these clauses might be something similar to a restrictive covenent in an employment contract.:| I'd be grateful if anyone here could recommend a legal person - perhaps someone on the board (I've found some great businesses through here before!). I'm sure sites that have exclsuivbe agreements with big affiliates have soemthing like this - especially as some deals bar affiliates from doing certain things - ie using keywords or operating in areas that clash. thanks!

M-C Hoare
18th September 2008, 11:01
With restrictive covenants, you have to be careful that they are reasonable otherwise they can unenforcable.
Depending on how much you are willing to pay for this, I know a very good barrister who could do you such an agreement.
If you want something which is more DIY, I can point you in the right direction but you wouldn't have the security of knowing it was professionally done and that you could sue if it didn't perform!
Marie

mercredi
18th September 2008, 11:47
Hi Marie

tried to reply via your site, but i couldn't make the 'cotact' button work (probably problem my end). Pls could i have you email address. Thanks

Lime One
18th September 2008, 11:50
We have written many such agreements and also advise on the ways of enforcing Internationally if required. Happy to quote if you email quotes@limeone.co.uk. We provide a range of costs options and also monthly payments on some of our bespoke work.