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How Not to Let
BD Tank Your
Startup
       Charles Hudson
       Venture Partner, SoftTech VC
       CEO and Co-Founder, Bionic
       Panda Games
Biz Dev is Really Simple

  Business Development is a very specific function
  with (only) two core activities:
    License someone else’s technology or content for
     use in your product or service
    Distribute your product or service through someone
     else’s network

  Difference between business development,
  Chief Revenue Officer, VP Sales, and “business
  guy / gal” roles is key to understand
Before We Move On…

  Stop! Does your startup even need BD?
    What are you trying to license or distribute?

  Startups that benefitted from BD
    Mint (deal with Yodlee)
    Google (distribution deal with Yahoo)
    AdMob (global BD relationships with top carriers)

  You might need a “business hire” who is not a BD
  person
    Build and maintain relationships with key partners
    Collect valuable info about your market / space
    Position your company for acquisition / exit
BD is a Costly Function to Staff

   It can easily cost the company $200K+ for a
   Director-level BD person:
     Salary and benefits = $120K-$140K / year
     Conferences and travel = $15K / year
     Networking and client entertainment = $5K / year
     Legal fees for deals = $25K+ / year

   Fully-loaded BD people can easily cost you more
   than a talented engineer or designer
BD Deals Mean Real Work for
  Engineering and Product
  If you’re not willing to put engineering and
  product cycles against BD, then don’t send your
  BD people out there
    It’s embarrassing to sign or negotiate a deal that
     the company will not support with real resources
    Supporting BD deals often means internal projects
     will get deferred

  It’s very rare that a BD deal can make / save
  your startup – stick to your strategy
    Evaluating deals consumes a lot of management
     cycles
Healthy Relationships Between
       BD and Product
  Trust
     Engineering cannot give overly padded estimates of
      delivery timelines
     BD cannot give overly inflated likelihood of closing for
      key deals

  Respect
     BD people cannot treat pre-deal engineering cycles
      as “free”
        Spec work and mockups have a cost
        Having your VPE or CTO in meetings is very expensive
     Engineering cannot treat BD people like
      knuckleheads
Hire the Appropriate Person

  The big key deal person
    Licensing or distribution deal(s) with a few major
    partners

  The deal template person
    Figure out the mechanics of a deal that can be
    deployed to a select number of partners with a
    similar structure

  The volume deal person
    The deal is in place, go get partners
Evaluating Candidates

  Rolodex / network of relevant contacts
    Ask around – it’s a small pool of people

  Experience doing the kinds of deals you need
  done
    Licensing and distribution are not the same
    Appropriate level of seniority / past experience
    Revenue vs non-revenue deals
    Small company vs big company experience

  Style match for your corporate culture
Distribution Deals


  Why is the other company interested in or willing
  to distribute your product?

  Under what circumstances would they cut you
  out, do it themselves, or bring in a competitor?

  How critical is what you’re doing to their overall
  objectives?

  Are you making them money, saving them
  money, or costing them money?
Licensing Deals

  Can you afford to pay the minimum
  guarantees?

  Do you have the terms locked in long enough to
  make the economics work?
    Music licensing deals for streaming
    Video licensing for companies like Netflix

  Do you need to be the exclusive licensee of the
  content?
Where Many Startup BD
     Deals Break Down
  Economic Terms
     Revenue splits, minimums, guarantees
        When an 80 / 20 rev split isn’t really 80 / 20…
  Term and termination
     Convenience vs Cause
     Notification period
     Duty to perform
  Exclusivity and other restrictions
     Geographic domains
     Products
  Indemnification and Limitation of Liability
     Who’s financially on the hook for how much when things
      go wrong?
BD Deals and Corporate Politics

  Are you dealing with the right person?
    Generally speaking, manager / director level
     people at big companies can only say no
    To whom does my deal matter and why?
    Am I displacing or threatening an internal project?

  What product / corporate objective is fulfilled by
  my deal and is it meaningful?

  Does my partner ultimately want to put me out
  of business?
More Tips for Startups

  Get performance commitments in writing
     People and priorities can change
     If they won’t put it in, there’s usually a reason

  Get performance comps from past deals
     Make sure you have rational performance
      expectations from any BD deal you do

  Doing BD deals with other startups is risky

  Understand who your champions and enemies are
  within the organization

  You probably can’t afford legal action – try to avoid it

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How Not to Let BD Tank Your Startup

  • 1. How Not to Let BD Tank Your Startup Charles Hudson Venture Partner, SoftTech VC CEO and Co-Founder, Bionic Panda Games
  • 2. Biz Dev is Really Simple   Business Development is a very specific function with (only) two core activities:   License someone else’s technology or content for use in your product or service   Distribute your product or service through someone else’s network   Difference between business development, Chief Revenue Officer, VP Sales, and “business guy / gal” roles is key to understand
  • 3. Before We Move On…   Stop! Does your startup even need BD?   What are you trying to license or distribute?   Startups that benefitted from BD   Mint (deal with Yodlee)   Google (distribution deal with Yahoo)   AdMob (global BD relationships with top carriers)   You might need a “business hire” who is not a BD person   Build and maintain relationships with key partners   Collect valuable info about your market / space   Position your company for acquisition / exit
  • 4. BD is a Costly Function to Staff   It can easily cost the company $200K+ for a Director-level BD person:   Salary and benefits = $120K-$140K / year   Conferences and travel = $15K / year   Networking and client entertainment = $5K / year   Legal fees for deals = $25K+ / year   Fully-loaded BD people can easily cost you more than a talented engineer or designer
  • 5. BD Deals Mean Real Work for Engineering and Product   If you’re not willing to put engineering and product cycles against BD, then don’t send your BD people out there   It’s embarrassing to sign or negotiate a deal that the company will not support with real resources   Supporting BD deals often means internal projects will get deferred   It’s very rare that a BD deal can make / save your startup – stick to your strategy   Evaluating deals consumes a lot of management cycles
  • 6. Healthy Relationships Between BD and Product   Trust   Engineering cannot give overly padded estimates of delivery timelines   BD cannot give overly inflated likelihood of closing for key deals   Respect   BD people cannot treat pre-deal engineering cycles as “free”   Spec work and mockups have a cost   Having your VPE or CTO in meetings is very expensive   Engineering cannot treat BD people like knuckleheads
  • 7. Hire the Appropriate Person   The big key deal person   Licensing or distribution deal(s) with a few major partners   The deal template person   Figure out the mechanics of a deal that can be deployed to a select number of partners with a similar structure   The volume deal person   The deal is in place, go get partners
  • 8. Evaluating Candidates   Rolodex / network of relevant contacts   Ask around – it’s a small pool of people   Experience doing the kinds of deals you need done   Licensing and distribution are not the same   Appropriate level of seniority / past experience   Revenue vs non-revenue deals   Small company vs big company experience   Style match for your corporate culture
  • 9. Distribution Deals   Why is the other company interested in or willing to distribute your product?   Under what circumstances would they cut you out, do it themselves, or bring in a competitor?   How critical is what you’re doing to their overall objectives?   Are you making them money, saving them money, or costing them money?
  • 10. Licensing Deals   Can you afford to pay the minimum guarantees?   Do you have the terms locked in long enough to make the economics work?   Music licensing deals for streaming   Video licensing for companies like Netflix   Do you need to be the exclusive licensee of the content?
  • 11. Where Many Startup BD Deals Break Down   Economic Terms   Revenue splits, minimums, guarantees   When an 80 / 20 rev split isn’t really 80 / 20…   Term and termination   Convenience vs Cause   Notification period   Duty to perform   Exclusivity and other restrictions   Geographic domains   Products   Indemnification and Limitation of Liability   Who’s financially on the hook for how much when things go wrong?
  • 12. BD Deals and Corporate Politics   Are you dealing with the right person?   Generally speaking, manager / director level people at big companies can only say no   To whom does my deal matter and why?   Am I displacing or threatening an internal project?   What product / corporate objective is fulfilled by my deal and is it meaningful?   Does my partner ultimately want to put me out of business?
  • 13. More Tips for Startups   Get performance commitments in writing   People and priorities can change   If they won’t put it in, there’s usually a reason   Get performance comps from past deals   Make sure you have rational performance expectations from any BD deal you do   Doing BD deals with other startups is risky   Understand who your champions and enemies are within the organization   You probably can’t afford legal action – try to avoid it