Tag Archives: Earn

How Do You Draft a Fair Partnership Agreement: Six Points

Situation: A CEO is negotiating a partnership entity. Her company will fund the entity, and the partner will earn ownership through sweat equity. How do you draft a fair partnership agreement?

Advice from the CEOs:

  • The most important factor is the ability of the two partners to create a successful venture.  Proof of ability to contribute needs to be a prerequisite to allocating ownership.
  • How does the sweat equity partner prove their capabilities? Create a schedule of milestones for the partner to earn ownership, based on mutually agreed objectives or revenue generation. The beauty of this is that you retain control until the partner has proven their value by delivering results.
  • The potential downside is long-term liability of the venture. The longer that you retain majority ownership, the longer you retain majority liability. Insure yourself against this liability.
  • Buyout clauses are important to retain your interest if the partner fails to deliver. Include a liquidation clause in case the venture fails.
  • While negotiating the agreement draw up a 6-month letter of intent. Specify what each side brings to the table and what each commits to deliver. Set clear, measurable, time-bound objectives. Negotiate fair protections desired by each party. Consider a consultant to facilitate settlement of areas of contention.
  • Theoretically, each party needs their own legal counsel. This adds expense but provides protections for each in the final agreement. Factor the cost of legal advice as well as consultant facilitation into your planning model.

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How Do You Incentivize Salespeople to Sell? Five Points

Situation: Many companies have challenges creating effective incentives for sales people to sell. The CEO of one company asked others around the table what their experience has been creating effective incentives to maximize the efforts of their salespeople. How do you incentivize salespeople to sell?
Advice from the CEOs:
• The three fundamental sales compensation strategies are commission only, salary only, and base salary plus commission. The group discussed the advantages and disadvantages of each approach.
• Commission only. This system is good in the sense that it incentivizes the salesperson to earn as much as possible. Some highly successful sales organizations give new salespeople a “runway” of, for example, a year with a modest salary to establish themselves. Once they have reached the end of the runway, provided that they have proven that they can sell, they shift to commission only. Once on commission they must sell to eat. The down sides are that a high percentage of “rookie” sales reps many do not succeed, and even successful reps may not to be dedicated to the company. Both latter groups may be on the lookout for a more suitable option for themselves or a better deal.
• Salary Only. Unlike commission-based sales, this option may not provide much incentive to excel. It may foster complacency.
• Base salary plus commission. Generally, this system is the one favored by many companies. It gives the salesperson some degree of stability while they are developing their accounts yet motivates them to “break the bank.”
• The best sales systems allow and encourage their salespeople to make a lot of money. In some of these companies salespeople are among the most highly paid people in the company. This boosts both retention and success.

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