Establishing secure connection…Loading editor…Preparing document…

Business Development Agreement Template

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

BUSINESS DEVELOPMENT AGREEMENT

This Business Development Agreement ("Agreement") is made and entered into on this day of , , by and between Company Name: , a Corporation LLC Partnership, with principal place of business at ; and Business Developer: , a Individual Company, with principal place of business at .

RECITALS

WHEREAS, Company is engaged in the business of developing, marketing and selling products and services as described in Appendix A and desires to expand its business through targeted introductions, lead generation and strategic partnerships; and

WHEREAS, Business Developer has experience and industry contacts sufficient to identify and assist in the development of new business opportunities, and has represented that Business Developer is able to perform the services set forth herein; and

WHEREAS, the parties wish to set forth the terms and conditions under which Business Developer will perform business development services for Company.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Relevant Lead" means a prospective customer or strategic partner that (a) has been introduced to Company by Business Developer, (b) fits the criteria set forth in the Scope of Services, and (c) results in a Transaction as defined below.

1.2 "Transaction" means a written agreement, purchase order or binding term sheet between Company and a Relevant Lead resulting directly from Business Developer's efforts that obligates the Company to pay or receive consideration in excess of .

2. ENGAGEMENT AND SCOPE

2.1 Engagement. Company hereby engages Business Developer, and Business Developer accepts such engagement, to perform the business development services described in the Scope of Services attached as Appendix A and incorporated by reference. Business Developer shall use commercially reasonable efforts, consistent with industry standards, to identify, introduce and assist in closing opportunities for Company.

3. COMPENSATION

3.1 Commission. Subject to the terms herein, Company shall pay Business Developer a commission equal to of the Net Revenue actually received by Company from Transactions attributable to Relevant Leads introduced by Business Developer during the Term.

3.2 Payment Terms. Commissions shall be paid within days after Company receives cleared funds from the applicable customer. All payments shall be accompanied by a statement detailing the calculation of amounts due.

4. EXPENSES

Business Developer shall be responsible for its own travel and incidental expenses unless otherwise pre-approved in writing by Company. If Company agrees in writing to reimburse expenses, Business Developer must submit itemized invoices and receipts and reimbursement shall be paid within days of receipt.

5. TERM AND TERMINATION

5.1 Term. The term of this Agreement shall commence on the Effective Date and continue for an initial period of months, and shall automatically renew for successive one (1) year periods unless either party provides written notice of non-renewal at least days prior to the end of the then-current term.

5.2 Termination for Cause. Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after written notice of breach.

5.3 Effect of Termination. Termination shall not relieve Company of the obligation to pay commissions on Transactions executed and paid in full within months following termination that directly resulted from introductions by Business Developer prior to termination.

6. CONFIDENTIALITY

Each party (the "Receiving Party") shall maintain in confidence and shall not disclose any Confidential Information of the other party (the "Disclosing Party") except as necessary to perform under this Agreement. "Confidential Information" shall include financial data, customer lists, pricing, business strategies and technical information disclosed in any form. Confidential Information shall not include information which is (a) publicly known other than by breach of this Agreement, (b) rightfully received from a third party without obligation of confidentiality, or (c) independently developed without use of Disclosing Party's Confidential Information.

The Receiving Party may disclose Confidential Information to its employees, contractors or advisors on a need-to-know basis provided such persons are bound by confidentiality obligations no less restrictive than those herein. Upon termination or upon request, the Receiving Party shall return or destroy Confidential Information and certify such return or destruction in writing within days.

7. INTELLECTUAL PROPERTY

7.1 Background IP. Each party retains all right, title and interest in and to its pre-existing intellectual property. Nothing in this Agreement grants any ownership rights in such Background IP.

7.2 Work Product. All materials, reports, leads lists, introductions and deliverables created or generated by Business Developer specifically for Company in connection with this Agreement ("Work Product") shall be the exclusive property of Company upon full payment of any amounts due and shall be deemed works made for hire. To the extent ownership does not automatically vest in Company, Business Developer hereby irrevocably assigns all right, title and interest in such Work Product to Company.

8. NON-SOLICITATION AND NON-CIRCUMVENTION

During the Term and for a period of months after termination, Business Developer shall not, directly or indirectly, solicit employment of or engage any employee or independent contractor of Company with whom Business Developer had substantive contact in connection with the services provided under this Agreement, without Company's prior written consent. Business Developer shall not circumvent Company by dealing directly with any Relevant Lead for substantially the same products or services without paying the commissions set forth herein.

9. INDEPENDENT CONTRACTOR

Business Developer is an independent contractor. Nothing contained herein shall be construed to create a partnership, joint venture, employment relationship or agency for any purpose. Business Developer shall have no authority to bind Company except as explicitly authorized in writing.

10. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into this Agreement, that the execution and performance of this Agreement will not violate any applicable law or agreement, and that it will perform its obligations in a professional manner in accordance with industry standards.

11. INDEMNIFICATION

Each party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other party (the "Indemnified Party") and its officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of or resulting from (a) breach of any representation, warranty or covenant of the Indemnifying Party under this Agreement, or (b) the gross negligence or willful misconduct of the Indemnifying Party.

12. LIMITATION OF LIABILITY

Except for liability arising from willful misconduct, intentional breach of confidentiality, or indemnification obligations, neither party shall be liable to the other for incidental, consequential, special or punitive damages. The aggregate liability of either party for any claim arising under this Agreement shall not exceed the total commissions paid to Business Developer under this Agreement during the month period immediately preceding the event giving rise to the claim.

13. NOTICES

All notices, invoices and communications required or permitted hereunder shall be in writing and delivered to the addresses below by certified mail, nationally recognized overnight courier, or hand delivery, and shall be effective upon receipt.

14. AMENDMENTS; WAIVER

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No waiver by either party of any breach shall constitute a waiver of any subsequent breach.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that State for any action arising out of this Agreement.

16. ENTIRE AGREEMENT

This Agreement, together with any appendices or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and understandings, whether written or oral.

17. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and the parties shall negotiate in good faith to replace the invalid provision with a valid provision that most closely approximates the parties' original intent.

18. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be deemed original signatures.

Company:

By:

Date:

Business Developer:

By:

Date:

Enter text✕

What a Business Development Agreement Template Is

A Business Development Agreement Template is a standardized contract that documents the terms between parties engaged in business growth activities, such as lead generation, partnership sourcing, referral arrangements, or channel development. It outlines scope of work, deliverables, compensation, exclusivity, confidentiality, term and termination, and performance metrics. Using a template reduces drafting time and ensures consistent language for liability, intellectual property assignment, and dispute resolution. When executed electronically it must meet ESIGN and applicable state UETA/ESRA requirements to be enforceable across jurisdictions.

Why Use a Template for Business Development Agreements

A template centralizes essential clauses, reduces negotiation time, and promotes consistent, enforceable terms across deals. It helps non-legal teams prepare complete drafts, highlights required fields, and supports rapid electronic execution while preserving audit trails and consent records under ESIGN (15 U.S.C. ch. 96).

Why Use a Template for Business Development Agreements

Who Typically Prepares and Signs This Template

Common users include corporate BD teams, small business owners, referral partners, and in-house counsel preparing repeatable deal terms.

  • Corporate business development teams coordinating partner programs and referral networks.
  • Small business owners engaging external agents or resellers for market expansion.
  • Legal and contracts teams standardizing term language across multiple deals.

Use this template when you need repeatable, auditable agreements that can be adapted per counterparty while maintaining core protections.

Essential Sections to Include in a Professional Template

A robust template balances business clarity with legal protections; include measurable deliverables, payment terms, and dispute mechanisms. The following elements form the core structure and reduce ambiguity in performance and enforcement.

Parties

Full legal names, entity type, and contact information for each contracting party; use exact corporate names to avoid misidentification or future enforcement issues.

Scope

Clear description of services or activities, geographic limits, and any exclusivity, with measurable KPIs and milestones to determine fulfillment and incentive payments.

Compensation

Payment amounts, timing, invoicing requirements, withholding responsibilities, and whether expenses are reimbursable; define currency and payment method.

Term & Termination

Effective date, initial term, renewal mechanics, notice periods, and material-breach termination rights to avoid lingering obligations or unintended renewals.

Confidentiality

Non-disclosure and permitted-use rules, duration of confidentiality obligations, and carve-outs for disclosures required by law or preexisting information.

IP & Assignments

Ownership of leads, deliverables, and any work product; specify whether work-for-hire applies and conditions for assigning rights to prevent future disputes.

Step-by-Step: Complete and Execute the Template

Follow these sequential steps to produce a valid, signed Business Development Agreement that is auditable and enforceable.

  • 01
    Draft: Populate template fields with accurate party and scope details.
  • 02
    Review: Legal reviews key clauses and compliance requirements.
  • 03
    Authorize: Confirm signatory authority and internal approvals.
  • 04
    Execute: Obtain electronic signatures and retain the audit trail.

How to Configure an Online Signing Workflow

Set up roles, fields, and authentication to match your internal approval and audit requirements before sending for signature.

Field Configuration
Signature Roles Define signer roles and order (e.g., BD rep then legal).
Authentication Level Choose email link, SMS code, or KBA based on risk.
Conditional Fields Use conditional visibility for optional compensation terms.
Audit Options Enable timestamps, IP logging, and completion certificates.

Where to Send or File the Executed Agreement

Decide final recipients and archival locations based on contract value and regulatory needs; routing preserves records for audits and internal tracking.

  • Finance Department: Route final for invoicing setup and payment scheduling.
  • Legal Repository: Store executed copy in contract management or secure cloud.
  • Sales/BD Records: Share execution details with the responsible BD representative.
  • External Parties: Provide fully executed copy to counterparty for their records.

Digital Signing and Sharing Considerations

Use platforms that preserve intent, consent, and attribution while meeting required security standards for your industry.

  • File Formats: PDF or DOCX supported for long-term retention.
  • Integrations: Connectors to CRM and cloud storage reduce manual uploads.
  • Authentication: Enable two-factor or KBA for high-risk deals.

Common Timing Elements and Standard Deadlines

Business Development Agreements rely on a mix of contractual notice periods and operational payment windows; set these clearly to avoid disputes.

Effective Date:

MM/DD/YYYY when obligations become binding.

Termination Notice:

Typically 30 days written notice for convenience termination.

Payment Terms:

Standard net terms are Net 30 or Net 60 after invoice.

Renewal Deadline:

60–90 days advance notice for automatic renewals or opt-outs.

Performance Review:

Quarterly or milestone-based reviews to measure KPIs.

Key Milestones from Draft to Enforceability

Track critical stages to ensure the agreement moves from draft to binding execution with all necessary approvals and records.

01

Draft Completion

Template populated and internal reviewers assigned.

02

Legal Approval

Counsel reviews terms and recommends edits.

03

Signatory Authorization

Confirm signers have authority to bind the entity.

04

Final Execution

Electronic signatures captured; audit trail stored.

Frequent Preparation Pitfalls to Avoid

  • Leaving parties identified by informal names rather than precise legal entity names creates ambiguity and enforcement risk.
  • Vague scope descriptions such as 'assist with business' fail to set deliverables, delaying payment and performance measurement.
  • Missing signatory authority checks can render an agreement unenforceable if the signer lacked corporate power to contract.
  • Failing to specify governing law and dispute resolution increases litigation complexity and jurisdictional uncertainty.

Consequences of Incorrect or Incomplete Agreements

Unenforceable Terms: Court may refuse enforcement.
Payment Disputes: Delayed revenue and collection costs.
Tax Exposure: Mischaracterized payments may trigger withholding.
Breach Liability: Damages, injunctive relief possible.
Data Privacy Risk: HIPAA or state privacy violations.
Signature Challenge: Claim of invalid electronic signature.

eSignature Pricing and Feature Comparison for Executing Agreements

Compare vendor starting prices and selected capabilities relevant to executing Business Development Agreements; signNow is listed first per vendor comparison conventions.

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 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (Business Premium) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs: Common Questions About Using the Template

Answers to frequent legal and practical questions when preparing, executing, or storing Business Development Agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users