Computer software is often developed to meet the end user's special requirements. Although designed to the customer's specifications, the underlying copyrights and patents, as well as any trade secrets embodied in the software design, are the developer's property unless the developer is prepared to transfer these rights to the end user, which rarely happens. The customer's sole protection against the developer licensing the software to others is to ensure that for a specified time the developer will not license the software for a competitive use. The developer will want to make certain that its copyright, patent, and trade secrets are protected through a confidentiality agreement that is part of the development contract.
In this agreement, the consultant is not only paid an hourly rate, but is also paid a percentage of the net profits (as defined in the agreement) resulting from the software the consultant develops.
Consultant Agreement with Sharing of Software Revenues
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Agreement Sharing File FAQ
A revenue share partnership agreement, also known as a profit-sharing agreement, is a document signed by all partners in a partnership that outlines the criteria to be followed when distributing business profits or losses. The agreement may be made as part of, or as an attachment to, a partnership agreement.
The consulting agreement is an agreement between a consultant and a client who wishes to retain certain specified services of the consultant for a specified time at a specified rate of compensation.
The market rate is the average price and range of pricing a typical customer will pay for your type of consulting service. If the average business consultant charges and receives $100 per hour, than the market rate is likely between $50 to $150 per hour.
Consultant agreements are important because they outline what work will be done, as well as the terms of the agreement between the client and the consultant. A consultant agreement should be detailed and include compensation terms, contract termination, intellectual property ownership and confidentiality agreements.
Several major professional sports leagues use revenue sharing with ticket proceeds and merchandising. For example, the separate organizations that run each team in the National Football League (NFL) jointly pool together large portions of their revenues and distribute them among all members.
Revenue sharing is the distribution of revenue, that is the total amount of income generated by the sale of goods and services, among the stakeholders or contributors.Revenue shares allow the stakeholders to realize returns as soon as revenue is earned, before any costs are deducted.
Protect yourself: Put your guidelines in writing -- and stick by them. Have a very clear discussion laying out your professional boundaries and ask your client to do the same. Come to an understanding about working hours and response times and agree on how you will schedule calls, meetings, and Skype sessions.
Full names and titles of the people with whom you're doing business. Be sure they're all spelled correctly. Project objectives. Detailed description of the project. List of responsibilities. Fees. Timeline. Page numbers.
Under a revenue-sharing contract, a retailer pays a supplier a wholesale price for each unit purchased, plus a percentage of the revenue the retailer generates. Such contracts have become more prevalent in the videocassette rental industry relative to the more conventional wholesale price contract.