My “certification” is in Marketing, and not in Contract Law. Contract clauses is not my area of strength. Regardless, in researching any topic, from aardvark to zymurgy, we all still simply ‘Google’ the subject. So, here are a few suggested contract clause resources. Instead of Legal solutions, my tendency is to look for Field Marketing Solutions to business issues– how can we best support sales and margin? I have a lot of room for improvement in the area of contract clause negotiation.
Anti-Poaching Clause— This is helpful if you are concerned that business partners will take (and/or fire) your people. That software vendor of yours? They have a project across town that your IT guy would be perfect for. And since he isn’t certified (by this same vendor) to use, say, Microsoft Word, then someone in management will have to have him dishonorably “escorted from the premises.” See a big HR mistake coming? That’s okay, because you can always get the software sales exec fired that put your new, errant manager, up to the deed. Only the sales guy doesn’t care if he gets fired– he gets paid straight commission. The solution– specify a financial penalty, say, $100K, to the vendor corp if specified events happen; they will turn it into a charge-back for their former employee.
Most Favored Customer Clause wiki— It is not just about price– it is also about certification to use the product and the access to training provided to their most favored partners and customers.
Most Favored Nation Clause— Same concept as the one above, from a different perspective. Most of the particulars still apply.
Most Favored Customer Clause Samples— Sample Most Favored Customer Clauses.
Most Favored Customer And Price Reductions Clause— Great info from captureplanning.com.