Can this be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA statutes. Obtain signer consent to electronic records and ensure retention. Note statutory exceptions (wills, certain court orders) may require wet-ink or additional steps.

Who should sign and when?

Authorized corporate officers, general counsel, or designated contracting officers typically sign on behalf of entities. Ensure signers have delegated authority documented in corporate resolutions or POA; for individual merchants, the owner or appointed agent should sign and include title and date.

Are notarization or witnesses required?

Not universally. Notarization or witness requirements depend on state law and document purpose. Some states require notarization for recording or real estate-related clauses. Verify state-specific rules; remote online notarization (RON) may be allowed where permitted, subject to identity-proofing and audio-video retention.

What if a party breaches antisteering terms?

Follow the contract's remedy section: issue notice, apply cure periods, and, if unresolved, pursue remedies such as fee recovery, injunctive relief, or termination. Preserve audit logs and communications as evidence; follow dispute resolution clauses, including mediation or arbitration if specified.

How long must records be retained?

Retention depends on regulatory requirements: retain for at least three years for IRS-related matters (IRC §6501(a)), six years for HIPAA-related records (45 CFR §164.530(j)), and longer for industry-specific obligations. Consult counsel for state-specific or industry retention extensions.

Can partners request amendments and how?

Yes, if the contract allows amendment by mutual written agreement. Include an amendment clause specifying notice, required approvals, and effective date; require electronic signatures or notarized amendments per execution rules to ensure enforceability and clear recordkeeping.

Electronic Signature
Templates
Miscellaneous
Business Antisteering Document

Business Antisteering Document

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUSINESS ANTISTEERING AGREEMENT

Parties and Recitals

This Business Antisteering Agreement (the Agreement) is entered into as of by and between:

Client Name: Client Address:

Provider Name: Provider Address:

WHEREAS, Provider introduces or facilitates introductions of prospective customers, accounts or opportunities (Introduced Parties) to Client in connection with Provider’s business development activities; and

WHEREAS, Client desires to engage Provider and obtain introductions, and the parties desire to prevent the direct circumvention or diversion of Introduced Parties and to set forth remedies for such conduct; and

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows.

Scope of Work

Description of Introductions and Services

Payment Terms

As consideration for introductions and related services provided by Provider, Client shall pay Provider the fees and follow the payment schedule set forth below.

Total Fee for Services Payment Schedule and Milestones Payment Method Late Payment Fee

Term and Termination

The term of this Agreement shall commence on and continue until unless earlier terminated in accordance with this Agreement.

Notice Period for Termination

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for the notice period set forth above. Termination for convenience may be exercised upon the delivery of written notice as provided herein.

Antisteering and Non-Circumvention

During the term of this Agreement and for a period of following termination or expiration, Client shall not, directly or indirectly, solicit, negotiate with, engage, or enter into any transaction with any Introduced Party for the purpose of obtaining products or services that are the subject of Provider’s introductions without Provider’s prior written consent.

In the event of a breach of the antisteering covenant, Client acknowledges that Provider will incur damages that are difficult to ascertain, and the parties agree that Client shall pay liquidated damages in the amount of as a genuine pre-estimate of loss in addition to any other available remedies.

Notwithstanding the foregoing, the antisteering covenant shall not apply to introductions or relationships that pre-existed Provider’s introduction, those made with Provider’s prior written consent, or relationships independently procured by Client without use of information furnished by Provider.

Confidentiality

Each party agrees to keep confidential and not disclose to third parties any Confidential Information of the other party disclosed in connection with this Agreement. "Confidential Information" means non-public business, technical, financial or customer information disclosed by one party to the other whether orally or in writing.

Duration of Confidentiality (years)

The obligations of confidentiality shall survive termination of this Agreement for the period specified above, except as required by law or as necessary to enforce rights under this Agreement.

Remedies and Enforcement

The parties agree that monetary damages may be inadequate to remedy a breach of the antisteering or confidentiality provisions and that the non-breaching party shall be entitled to seek injunctive relief and other equitable remedies, in addition to any other remedies at law or in equity. The prevailing party in any enforcement action shall be entitled to recover reasonable attorneys’ fees and costs.

Indemnification and Limitation of Liability

Each party shall indemnify and hold harmless the other party from and against any third-party claims arising from its breach of this Agreement or from its gross negligence or willful misconduct. Except for breaches of confidentiality or antisteering covenants and claims for indemnification, neither party shall be liable for consequential, special or punitive damages.

Governing Law

Governing Law (State)

This Agreement shall be governed by and construed in accordance with the laws of the state specified above, without regard to its conflicts of law principles.

Entire Agreement and Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment shall be effective unless in writing and signed by an authorized representative of each party.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The covenants regarding confidentiality and antisteering shall survive termination of this Agreement as specified herein.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail (return receipt requested) to the addresses set forth above or to such other address as a party may designate by written notice.

Alternate Notice Contact (if different)

Provider:

By:

Date:

Client:

By:

Date:

What the Business Antisteering Document Is

The Business Antisteering Document is a contractual agreement used between commercial parties to prohibit or limit efforts by one party to redirect customers, prospects, or transactions away from designated channels, partners, or payment methods. It outlines prohibited conduct, permitted exceptions, remedies, and reporting obligations, and it can be standalone or incorporated into supplier, reseller, merchant, or distribution agreements. The document is typically tailored to industry and state law, addresses confidentiality and enforcement mechanisms, and can be executed electronically where ESIGN and applicable state UETA/ESRA provisions permit.

Why a Clear Antisteering Agreement Matters

Use a Business Antisteering Document to reduce channel conflicts, clarify permissible referral activities, and document remedies. It provides contractual certainty for partners, supports compliance reviews, and can be signed electronically under ESIGN/UETA when parties consent to e-records.

Who Typically Prepares or Signs This Document

Typical users include corporate legal teams, procurement, channel managers, and merchants negotiating partner, reseller, or payment processing agreements.

Legal and contracts teams ensuring clear restrictions and enforceable remedies across partner relationships.
Sales and channel managers aligning referral policies with compensation plans and partner tiers.
Merchants and payment processors aiming to prevent diversion of transactions or fee bypassing.

Stakeholders use the document to document expectations, reduce disputes, and support audits or compliance investigations.

Core Sections to Include for Enforceability

A professional Business Antisteering Document organizes definitions, prohibited conduct, exceptions, reporting, remedies, and execution details to make enforcement and compliance straightforward.

Definitions

Specify the contracting parties, define 'covered customers' and 'channels', and list technical terms. Include duration, geographic scope, and examples to reduce ambiguity and support consistent interpretation during enforcement.

Prohibited Conduct

Enumerate specific steering acts prohibited (active redirection, referral incentives tied to outside channels, bypassing payment processors), clarity on indirect steering through agents, and illustrative examples to aid compliance monitoring.

Exceptions

List permitted behaviors such as neutral customer education, statutory disclosures, preexisting customer relationships, or transfers with written consent; define narrow carve-outs and approval process for exceptions.

Remedies

State contractual remedies including injunctive relief, interim relief, fee adjustments, liquidated damages formulas, termination rights, and procedures for dispute escalation, arbitration, and recovery of enforcement costs.

Reporting

Require regular reporting of referrals and channel activity, specify formats and frequency, include audit rights and documentation retention obligations to support investigations and compliance reviews.

Signature Block

Include authorized signer names and titles, execution date, witness or notarization requirements where applicable, explicit language confirming consent to electronic signatures under ESIGN/UETA, and record retention instructions.

Step-by-Step: Preparing and Executing the Document

Follow these steps to prepare, review, and execute a Business Antisteering Document accurately and efficiently for legal enforceability.

01

Draft: Assemble parties, definitions, prohibited acts, exceptions, reporting, and remedies.
02

Review: Have legal counsel and business owners verify terms and carve-outs.
03

Authorize: Confirm authorized signers and required notarization or witness steps.
04

Execute: Collect signatures, record audit trail, and distribute executed copies.

Configuring an Online Signing Workflow

Configure an online workflow to route the Business Antisteering Document for signing, verification, and archival using eSignature tools.

Field	Configuration
Signer Authentication	Email link plus optional SMS code or KBA verification
Field Types	Signature, initials, date, dropdown, conditional field
Audit Trail	Capture timestamp, IP, and action logs for each signer
Storage	Encrypted cloud storage with version history and export options

How Electronic Execution Typically Works

Use an eSignature flow to collect signatures, authenticate signers, and store executed documents with an audit trail.

Upload: Sender uploads completed template to platform
Place Fields: Add signature, date, and conditional fields
Send: Send via email or sharing link to signer
Complete: Signer authenticates, signs, and receives final copy

Platform Capabilities to Check Before eExecution

Confirm platform supports secure e-signatures, audit trails, conditional fields, and the integrations required for distribution and archival.

Formats: PDF, DOCX, and HTML outputs supported
Integrations: Salesforce, NetSuite, Microsoft 365 connectivity
Security: AES-256 symmetric encryption at rest and TLS 1.2/1.3

Primary Risks and Consequences of Errors

Contract Voidance: Ambiguous terms may hinder enforcement

Tax Exposure: Incorrect party names trigger backup withholding

Notarization Failure: Missing notary or witness may invalidate filing

Data Privacy: HIPAA or consumer data exposures risk penalties

Operational Delays: Incomplete fields cause processing delays

Monetary Damages: Liquidated damages or indemnity claims possible

Common Preparation Mistakes to Avoid

Using vague terms such as 'reasonable efforts' without concrete examples which creates interpretive disputes and weakens enforcement.
Failing to define covered channels or customer scope, leading to inconsistent application across territories, platforms, and downstream agents.
Omitting reporting requirements or audit rights that permit verification of compliance and evidence collection during disputes.
Relying on handwritten amendments or informal emails without duly executed signatures, which undermines electronic execution and record retention strategies.

Key Deadlines and Timing Expectations

Key deadlines govern effectiveness, reporting cadence, cure periods, and filing requirements for disputes or recordings.

Effective Date:

As specified in document; marks start of obligations

Reporting Frequency:

Quarterly or as negotiated for referral and channel activity

Audit Response:

Respond within 10 business days to audit requests

Cure Period:

Typically 30 days to remedy breaches before sanctions

Termination Notice:

30–90 days depending on breach severity and contract terms

eSignature Pricing and Feature Comparison

Comparison of common eSignature pricing and feature criteria to help evaluate platforms for Business Antisteering Document workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial, no credit card	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

How Organizations Use Antisteering Clauses

Real-world examples show how businesses use antisteering provisions to preserve channel integrity, simplify audits, and reduce transaction diversion.

Martin Properties

Martin Properties integrated an antisteering clause into broker and referral agreements to prevent online listing redirection during lease renewals.

It minimized channel conflict while preserving compensation accuracy.
The company documented reporting requirements and audit rights, enabling quick verification of referral sources and enforcing fee adjustments where breaches occurred; this reduced disputes and maintained consistent broker commission workflows.

Fertility Centers

Fertility Centers used antisteering language to prevent referral partners from diverting patients to external laboratories or payment platforms.

It protected patient billing channels and clarified revenue splits.
Combined with a signed consent to electronic records, the organization preserved audit trails, met HIPAA documentation needs, and enforced penalties when partners rerouted billing, reducing revenue leakage and compliance uncertainty.

Who Has Authority to Sign

General Counsel

Typically authorized to negotiate and sign antisteering provisions on behalf of corporate entities. Reviews legal risk, ensures compliance with state statutes, confirms delegation of signing authority, and coordinates notarization or witness needs when required by contract or state law.

Chief Revenue Officer

May approve operationally focused antisteering clauses affecting commissions, referral flows, and payment routing. Responsible for aligning commercial terms with partner programs, assessing revenue impact, and approving exceptions in coordination with legal and finance teams to mitigate revenue diversion.

Security and Compliance Considerations

Encryption in Transit: TLS 1.2 / 1.3

Encryption at Rest: AES-256 symmetric encryption at rest

Certifications: SOC 2 Type II, ISO 27001, PCI DSS certified

HIPAA: BAA available for covered entities

21 CFR Part 11: Compliant for electronic records and signatures

Accessibility: WCAG 2.0 Level AA support

Processing Milestones from Draft to Enforcement

Milestone sequence shows negotiation, execution, reporting, cure, and enforcement stages for Business Antisteering Document lifecycles.

01

Negotiation

Drafting, internal approvals, and legal review.

02

Execution

Signatures collected and notarization completed if required.

03

Reporting Period

Regular submission of referral and channel activity per contract.

04

Enforcement

Cure attempts, dispute resolution, then remedies or termination.

Frequently Asked Questions about Business Antisteering Documents

Common questions and practical answers for completing, executing, and enforcing a Business Antisteering Document professionally.

Need help? Contact support

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now