How to protect your deal?

[dan.ferguson]

Hi all,

In a scenario where you work independently as a deal finder for say company X, how do you make sure that your lead will not bypass you and close the deal with company X directly? Bypassing me, my lead will make me lose my commission for the deal closed.

Is there a way to formally avoid this or is it just a matter of ethics/common sense?

Thanks for your help

 

[Minnsy]

With company 'X', NDA plus non circumvent, and also 'agency agreement' which lists the targets you are going to market to, which company 'X' can't approach directly within 12 months of you naming them as a potential target.

 

[akirk]

you need the same clause(s) used by estate agents etc. - introduction leading to closure = commission...

get a solicitor to draw it up

Alasdair

 

[dan.ferguson]

Thanks for your advice Minnsy.

For targets do you mean potential customers or simply an industry where I'd like to market their products?

 

[Minnsy]

With the agreements I have had in the past, I have always listed the actual companys. Then there is no ambiguity.
However you have to trust company 'X' in as much as when you list your potential targets, they don't just say, 'you can't have those as we are already talking to them'.
Depends on how your relationship is with company 'X'.