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February 26, 2008 10:07 AM

Categories: Operations and Legal

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Suresh.Sambandam

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Joined: 11/21/2003

We have been approached by a 'Solution Provider' type partner who also sells one of our competitors product. Initially we were reclutant to talk to them due to potential confidentiality issues, even though they keep telling us that they will recommend the competitors product in situation A and ours for situation B. It is difficult for us to buy this argument !

Since they are a small team, I am not getting convinced as to how they will protect the confidentiality especially when the same person has to deal with information like our specific differentiated pitch against our competitors, our price list, collaterals, etc, etc.

I understand we can have some confidentiality clauses in the partnership agreement. However, I am not feeling comfortable with signatures on some piece of papers. I am looking for some expert guidance on this matter !

Thanks,
Suresh

Discussion:    Add a Comment | Comments 1-3 of 3 | Latest Comment

February 26, 2008 10:17 AM

How about a referral fee system? When they find Situation B, then they refer that client to you and receive a fee when the deal is completed. Then, you maintain the control but you also can partner with them to provide the best solution for the customers.

If you feel uncomfortable before the signatures, then no amount of signing paper is going to increase the comfort level. The papers are the formality after the partnership is solidified and everyone is comfortable.

Lisa

February 26, 2008 11:01 AM

Suresh,

You trust people, not paper. If you don't trust them at some level, signing paperwork isnt going to improve things.

Id push them harder on the specific situations where they are going to sell each product. Get some numbers. How many leads of each type should you expect them to see? How many of those do they expect to sell?

Mark

February 28, 2008 9:30 AM

Suresh:

IÂ?m an attorney, so you might infer that I would trust documents in this situation Â? but I donÂ?t.

This appears to be a conflict of interest situation, and all the good intentions in the world wonÂ?t be enough.

Both of the above posters have offered great advice.

Regards,

Chip

Disclaimer: my comments on this forum are for informational purposes only; they do not constitute legal advice, and should not be construed as such.

Discussion:    Add a Comment | Comments 1-3 of 3 | Latest Comment

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