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Mike Williams - Side Agreement Hack

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Mike Williams
Mike Williams

This document discusses various scenarios involving potential side agreements between LinkedIn and customers that could challenge notions of what constitutes a side agreement. The scenarios cover issues like pre-contractual conditions, discounting renewals to cross-sell other products, post-contractual conditions, discount extensions, guarantees of product performance, price maintenance requests, and agreements made during executive briefings. The document is seeking examples that could present complex questions around what is appropriately considered a side agreement.

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Side Agreement Hack | Mike Williams 28 May 2014
LinkedIn Contest Brief Send examples, real-life or imagined, that challenge our black and white notions of side agreements. The more vexing your questions or examples, the better. Were looking for real head-scratchers! 息2013 LinkedIn Corporation. All Rights Reserved.
Mike Williams | Side Agreement Hack 1. Pre-contractual Conditions 2. Discounting Renewals to Cross-Sell 3. Post-contractual Conditions 4. Add-on Discount Extensions 5. Guarantees of Product Performance 6. Price Maintenance and Leniencies 7. Executive Briefing Centre Agreements
Scenario 1: Pre-contractual Conditions A prospective Sales Solutions customer suggests that, before signing our contract, our team will ensure that: LinkedIn awards their CEO a place in the Influencer program; or The Sales Representative agrees to take the client for a signing dinner celebration; or The client is introduced to a local member of LinkedIns leadership team in order to pitch their own goods or services to LinkedIn.
Scenario 2: Discounting Renewals to Cross Sell To incentivize customers to attend a LinkedIn event such as Talent Connect or Finance Connect and renew a subscription, it may be proposed that Sales Representatives can offer existing customers a discount to the subscription renewal price of an amount equal to the purchase price of that ticket. This verbal agreement would not form part of any standard contractual terms between the party and LinkedIn.
Scenario 3: Post-contractual Conditions Favorable to LinkedIn: A Global Client is so enthused by Sales Navigator, they now state that they are only willing to use the platform if a LSS Account Executive speaks at their main client conference on how social selling has changed the cold call forever. The customer notes that the performance of this is determinative of whether they will renew or consider LTS or LMS products, but identifies that will be a great opportunity for LSS to meet new prospects. Unfavorable to LinkedIn: One of our LMS clients, following the purchase of a solution, states that LinkedIn should now favor their sons application for an internship position in Software Engineering at LinkedIn, as that was one of the reasons they decided to do business with us, though it wasnt mentioned earlier.
Scenario 4: Add-on Discount Extensions A discount was available on a Core-4 Talent Solutions product offering until 30 June. The customer purchases the package with a view to purchase another Recruiter Seat in 3 months when a new HR Director would join the company. On commencement of employment and purchase of another seat, the company requests that their LinkedIn Sales Representative apply the discount even though the applicable time period has lapsed.
Scenario 5: Guarantees of Product Performance A prospective Talent Solutions customer communicates to their Sales Representative that they will only agree to sign a renewal contract if they are entitled to a refund, should the LinkedIn license fail to deliver a stipulated number of job applications, company page followers or page views. In addition, the customer believes a right to a refund should accrue if a LinkedIn product has any technical faults or interruptions.
Scenario 6: Price Maintenance & Leniencies Requests to lock in pricing for 3 years LinkedIn Sales Representatives may be asked to confirm the price points of particular offerings beyond the standard 12 month time frames provided by LinkedIn. Customers growing beyond SMB size to Enterprise Relationship Managers may be asked by companies who have grown dramatically to sustain SMB products and pricing even through their size today falls outside our SMB product limitations.
Scenario 7: Executive Briefing Center Agreements Guarantees of New Product Delivery On a visit to LinkedIns EBC in Mountain View, the CIO from our global recruitment client mandates that LinkedIn develop a custom API integration to the internal system, Beacon. Knowing the strategic importance of this account, over lunch our Technical Product Consulting Manager promises that the APIs development will be expedited and mentions that a Senior Enterprise Architect can be on call any time for consultation or support. The client says thank you and that she looks forward to LinkedIn flying out more of her colleagues to EBC next year. The two parties shake hands and part ways.
Thank You Find out more: au.linkedin.com/in/michaelwilliams0/

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Mike Williams - Side Agreement Hack

  • 1. Side Agreement Hack | Mike Williams 28 May 2014
  • 2. LinkedIn Contest Brief Send examples, real-life or imagined, that challenge our black and white notions of side agreements. The more vexing your questions or examples, the better. Were looking for real head-scratchers! 息2013 LinkedIn Corporation. All Rights Reserved.
  • 3. Mike Williams | Side Agreement Hack 1. Pre-contractual Conditions 2. Discounting Renewals to Cross-Sell 3. Post-contractual Conditions 4. Add-on Discount Extensions 5. Guarantees of Product Performance 6. Price Maintenance and Leniencies 7. Executive Briefing Centre Agreements
  • 4. Scenario 1: Pre-contractual Conditions A prospective Sales Solutions customer suggests that, before signing our contract, our team will ensure that: LinkedIn awards their CEO a place in the Influencer program; or The Sales Representative agrees to take the client for a signing dinner celebration; or The client is introduced to a local member of LinkedIns leadership team in order to pitch their own goods or services to LinkedIn.
  • 5. Scenario 2: Discounting Renewals to Cross Sell To incentivize customers to attend a LinkedIn event such as Talent Connect or Finance Connect and renew a subscription, it may be proposed that Sales Representatives can offer existing customers a discount to the subscription renewal price of an amount equal to the purchase price of that ticket. This verbal agreement would not form part of any standard contractual terms between the party and LinkedIn.
  • 6. Scenario 3: Post-contractual Conditions Favorable to LinkedIn: A Global Client is so enthused by Sales Navigator, they now state that they are only willing to use the platform if a LSS Account Executive speaks at their main client conference on how social selling has changed the cold call forever. The customer notes that the performance of this is determinative of whether they will renew or consider LTS or LMS products, but identifies that will be a great opportunity for LSS to meet new prospects. Unfavorable to LinkedIn: One of our LMS clients, following the purchase of a solution, states that LinkedIn should now favor their sons application for an internship position in Software Engineering at LinkedIn, as that was one of the reasons they decided to do business with us, though it wasnt mentioned earlier.
  • 7. Scenario 4: Add-on Discount Extensions A discount was available on a Core-4 Talent Solutions product offering until 30 June. The customer purchases the package with a view to purchase another Recruiter Seat in 3 months when a new HR Director would join the company. On commencement of employment and purchase of another seat, the company requests that their LinkedIn Sales Representative apply the discount even though the applicable time period has lapsed.
  • 8. Scenario 5: Guarantees of Product Performance A prospective Talent Solutions customer communicates to their Sales Representative that they will only agree to sign a renewal contract if they are entitled to a refund, should the LinkedIn license fail to deliver a stipulated number of job applications, company page followers or page views. In addition, the customer believes a right to a refund should accrue if a LinkedIn product has any technical faults or interruptions.
  • 9. Scenario 6: Price Maintenance & Leniencies Requests to lock in pricing for 3 years LinkedIn Sales Representatives may be asked to confirm the price points of particular offerings beyond the standard 12 month time frames provided by LinkedIn. Customers growing beyond SMB size to Enterprise Relationship Managers may be asked by companies who have grown dramatically to sustain SMB products and pricing even through their size today falls outside our SMB product limitations.
  • 10. Scenario 7: Executive Briefing Center Agreements Guarantees of New Product Delivery On a visit to LinkedIns EBC in Mountain View, the CIO from our global recruitment client mandates that LinkedIn develop a custom API integration to the internal system, Beacon. Knowing the strategic importance of this account, over lunch our Technical Product Consulting Manager promises that the APIs development will be expedited and mentions that a Senior Enterprise Architect can be on call any time for consultation or support. The client says thank you and that she looks forward to LinkedIn flying out more of her colleagues to EBC next year. The two parties shake hands and part ways.
  • 11. Thank You Find out more: au.linkedin.com/in/michaelwilliams0/