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Business Development Contract
"I need a Business Development Contract for engaging an external consultant to expand our software company's presence in the Auckland market, with a 12-month initial term starting January 2025 and performance-based commission structure."
1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the agreement, including the business development objectives
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope: Defines the nature of the business development relationship and scope of services
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Obligations and Responsibilities: Details the specific duties and responsibilities of each party
7. Performance Metrics: Establishes key performance indicators and success metrics
8. Compensation and Payment Terms: Details the fee structure, payment schedule, and related financial terms
9. Intellectual Property Rights: Addresses ownership and usage rights of IP created during the engagement
10. Confidentiality: Defines confidential information and establishes protection mechanisms
11. Warranties and Representations: Contains standard warranties and representations from both parties
12. Liability and Indemnification: Sets out liability limitations and indemnification obligations
13. General Provisions: Includes standard boilerplate clauses such as notices, assignment, and governing law
1. Non-Competition: Include when the business developer will have access to sensitive market information or clients
2. Insurance: Include when specific insurance coverage is required for the business development activities
3. Data Protection: Include when personal data processing is involved in the business development activities
4. International Operations: Include when business development activities extend beyond New Zealand
5. Force Majeure: Include when there's significant risk of external events disrupting performance
6. Dispute Resolution: Include when parties want to specify detailed dispute resolution procedures
7. Change Control: Include when the scope of services may need to be modified during the term
1. Schedule 1 - Services Description: Detailed description of business development services and activities
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures
3. Schedule 3 - Performance Metrics and KPIs: Specific metrics and targets for measuring success
4. Schedule 4 - Territories and Markets: Definition of geographical areas or market segments covered
5. Schedule 5 - Reporting Requirements: Templates and requirements for regular reporting
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements
8. Appendix C - Standard Operating Procedures: Agreed procedures for common business development activities
Authors
Technology
Professional Services
Manufacturing
Retail
Financial Services
Healthcare
Education
Real Estate
Construction
Telecommunications
Energy
Agriculture
Tourism
Media and Entertainment
Transportation and Logistics
Business Development
Legal
Commercial
Sales
Strategy
Operations
Finance
Procurement
Compliance
Corporate Development
Marketing
Partner Relations
Contract Administration
Business Development Manager
Chief Executive Officer
Commercial Director
Sales Director
Strategic Partnership Manager
Growth Manager
Market Development Manager
Business Development Representative
Chief Commercial Officer
Head of Business Development
Legal Counsel
Contract Manager
Business Development Consultant
Regional Manager
Managing Director
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