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BUSINESS PARTNERSHIP PROPOSAL TEMPLATE

Prepared by:[Sender.FirstName][Sender.LastName]​ ​[Sender.Company]

Prepared for:[Signer.FirstName][Signer.LastName]​ ​[Signer.Company]

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For a contemplated Partnership, Strategic Alliance or Joint Venture (JV) between [Sender.Company] (or “[Sender.Company]”), [Signer.Company](or “[Signer.Company]”).

Submitted by: [Signer.Company].

This proposal contains the proprietary information of [Signer.Company]and shall not be shared outside of the above named parties.

BACKGROUND

[Signer.Company]met with [Sender.Company] and [Signer.Company] and shared with them its plans related to describe the business venture.

[Signer.Company]possesses rare insights and expertise necessary to develop systems and applications related to the above, while [Sender.Company] has the resources needed to develop such systems and applications.  

The parties believe there may be mutual benefit in forming a business partnership or strategic alliance and pooling their resources and assets in order to pursue the objectives below.​

Objectives of the parties

Catalog Management

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A DIY web-based platform wherein… ([Sender.Company] & [Signer.Company])

A more sophisticated application for comprehensive project-based catalog management services ([Signer.Company])

Data & Analytics

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A DIY web-based platform wherein… ([Sender.Company] & [Signer.Company])

Contributions

& responsibilities

of the parties

[Signer.Company] owns intellectual property, including, but not limited to, plans, methods and processes needed for the development of the systems and applications contemplated above.

[Sender.Company] brings capital/resources and marketing and business development expertise as well as expertise in hosting and managing online subscription-based platforms. NOTE: the arrangement could be set up where funding is sought from outside [Sender.Company].

The below table shows each parties’ anticipated contributions during the development and execution phases of any strategic alliance or partnership that may be entered into.

[Signer.Company]

[Sender.Company]

DEVELOPMENT PHASE

Web-based DIY Catalog Management platform

Intellectual property, including plans & know-how.

Capital/Software Development

Project-based Catalog Management application

Intellectual property, including plans & know-how.

Capital/Software Development

Web-based Data & Analytics platform

Intellectual property, including plans & know-how.

Capital/Software Development

Intellectual property, including plans & know-how.

Capital/Software Development

Intellectual property, including plans & know-how.

[Sender.Company] clients

Intellectual property, including plans & know-how.

Capital/Software Development

[Signer.Company]

[Sender.Company]

EXECUTION PHASE

Web-based DIY Catalog Management platform

Consult on upgrades & sales support

Website hosting & maintenance & customer service & sales & marketing

Project-based Catalog Management

[Signer.Company] will perform all efforts related to project-based/non-DIY services

Web-based Data & Analytics platform

[Signer.Company] will share data & provide sales support

Website hosting & maintenance & customer service & sales & marketing

[Signer.Company] will perform all royalty accounting

Sales support

​Sales & marketing

[Signer.Company] will have right of first refusal for these services

Rights in Developed Software & Services

The following depends on legal structure of the arrangement. The below assumes a strategic alliance will be formed.

[Signer.Company]

[Sender.Company]

DEVELOPMENT PHASE

Web-based DIY Catalog Management platform

Ownership of IP and Tech

Perpetual License to be agreed

Project-based Catalog Management application

Ownership of IP and Tech

Perpetual License to be agreed

Web-based Data & Analytics platform

Ownership of IP and Tech

Perpetual License to be agreed

Ownership of IP and Tech

[Signer.Company] may opt to license as add-on to DIY catalog mgmt. platform

Rights/ownership in musical works in whole or part to be agreed – subject to existing agmts.

Right of first refusal on…

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Legal

considerations

This potential alliance or partnership could take a number of forms. Given the complexities, a strategic alliance agreement may make the most sense, but we need to clarify a number of items for that kind of agreement (e.g. revenue/profit splits or royalty payments).  A JV could be construed as a partnership and if a JV is desired, it may make sense to set the JV up as an LLC for liability reasons. This could get complicated.

Revenue or profit splits / royalties

A discussion around revenue share, profit share or royalties is dependent on the legal considerations above.  We will leave this TBD for now.

AGREED BY THE PARTIES: 

[Sender.Company]

MM / DD / YYYY

Signature

[Signer.Company]

MM / DD / YYYY

Signature

Business Partnership Proposal Template

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