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mrblobby
22 Feb 2008, 03:50 AM
Hi All,

Hope someone can advise. I have the opportunity to develop a database driven website for someone but the want exclusive rights to it, in other words to stop any competitor of theirs using me to build a similar site.

Are there any industry standards on this, e.g. that they pay an additional annual supplement of X% of the development fee to maintain exclusivity, and if so what should X be?

Thanks.

paulkoan
27 Feb 2008, 02:25 AM
You would need to be very specific about the IP that is protected and the IP that you are free to use.

Once you have this defined, consider what it is worth to you in your market. Do you foresee other customers wanting similar sites? How much business do you stand to turn away if you agree to the IP restriction? Put a value on it, and pass it on to this customer. Get a lawyer involved to protect you from them claiming more than they can.

On the other hand, if it is a one off, then it really depends on the customer.

But unless you are creating something that is truly unique, and the inner workings are extremely opaque, then it is likely any developer could put it together just by looking at it.

In which case, you might be better off just gently persuading them that it isn't worth it, and to consider a less fragile business model.

Paul Murphy
ServWise Advanced Hosting - Better, Faster, Smarter