We're in a similar position; I'd love to hear from others with experience in 
this.

The advice I've gotten so far is that exclusivity isn't to be feared as long as 
you document your performance expectations from the partner. If they achieve 
them, then you're in the money, if they don't, then you can end the agreement 
and engage with someone else or go direct...



-----Original Message-----
From: [email protected] [mailto:[EMAIL PROTECTED] On 
Behalf Of Kain Tietzel
Sent: Thursday, 27 November 2008 11:34 PM
To: Silicon Beach Australia
Subject: [SiliconBeach] Exclusivity agreements


I'm working on an online business that's currently in stealth. We're
aiming to start our private beta in December and have a closed beta in
January, but that's not why I'm writing this post.

We've garnered a lot of interest in our product and a large,
prestigious business in the States would like to partner with us and
has asked for a 36 month exclusive agreement. Whilst we're considering
the pro's and con's of working out what we'd want out of the
agreement, our biggest problem is knowing what sort of $$ we should be
asking for.

Has anyone in the SBA had any experience with exclusivity agreements
(especially with OS/States based companies) and have any advice to
share with us? Whilst we're by no means wanting to be greedy, we want
to negotiate a fee which is fair and realistic.

kain




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