Thought I'd bring myself into the conversation at this point. I'm
working with Kain on this "stealth" venture but thought I'd add a bit
more information to the table to try and shed some more light on the
specifics.

Basically our product is targeted at a specific group of professional
service providers. We estimate our target market in the US to be
between 125,000 and 200,000 of these professionals. In Australia, it's
more like 10,000 - 20,000.

The product itself is SaaS. There are no barriers to entry. Anyone can
sign up. It's basically a turnkey solution that provides the user with
everything they need to move a large part of their business into the e-
commerce world. Including Merchant facility, automated ordering and
delivery to their customers as well as a fully customisable we
presence. The user pays when their customers buy their products and
services through our system. We take a small commission to cover
merchant costs, infrastructure and also make a profit.

The particular profession we are targeting, provides their services to
the general masses. That is, most families in the USA would use one of
these professionals at least once in their lifetime, quite possibly
numerous times.

The company that is seeking an exclusivity agreement with us (we'll
call them the Vendor), provides a service that is required by these
professionals in order for them to deliver the final product to their
customers. There are quite a few of these Vendors all competing for
the professionals business.

Our product, provides an all in one solution to these professionals
that allows them to streamline the way they interact with their
customers and also take most of the grunt work out of what they do. In
order for our product to achieve this, it needs to integrate with
these Vendor(s) to automate part of this process.

If a professional doesn't use our product, they deal directly with one
of these Vendors in order to get their final product. However, if they
use our product, it's already integrated with a Vendor(s) and
therefore they no longer need that direct relationship.

This means a number of things to the Vendors.
* If a professional has been using Vendor A and then decides to start
using our product, and our product is integrated with Vendor B, then
Vendor A, just lost a customer and obviously in turn, Vendor B just
gained one.
* If our product is marketed wide and far, there is the potential for
Vendor B, to gain a much greater market share through indirect use of
their services through our product. Without exclusivity, we could
integrate with Vendor A, B and C, and therefore the market share
gained would be distributed to competing Vendors.
* Our product solves a problem that these professionals have. There
are competing products, but most of them are very specific and only
solve a part of the overall problem. If a Vendor integrates with us,
it's in their best interests to push our product because we fill a
reasonably large gap in their product offering in quite a unique and
innovative fashion. For want of a better term, it's "sets them apart
from the rest".

In terms of current value, we've spent 15 months, around (3,000) hours
in developement. We've fleshed out a roadmap as well as collected a
group of 15 professionals who are about to start using the product in
Closed Beta.

The response we have had from the market and the Vendors so far has
been very positive.

We can certainly see the value for the Vendor in entering in to an
exclusivity agreement with us. However, the difficult part is
determining the potential monetary value of such an agreement. As far
as we're concerned. We never planned for an EA, and don't need one. We
have a number of Vendors that have expressed interest in integrating
with us and so we have can have our pick. If this falls through, it's
not a problem for us. But from a financial standpoint, it would be
beneficial for us to endeavor to pursue it.

Your comments are much appreciated. I apologise for the Cryptic nature
of this post. But we're currently in talks with entities that are
somewhat sensitive.


- Derek

On Nov 27, 11:34 pm, Kain Tietzel <[EMAIL PROTECTED]> wrote:
> 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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