This document discusses various scenarios involving potential side agreements between LinkedIn and customers that could challenge notions of what constitutes a side agreement. The scenarios cover issues like pre-contractual conditions, discounting renewals to cross-sell other products, post-contractual conditions, discount extensions, guarantees of product performance, price maintenance requests, and agreements made during executive briefings. The document is seeking examples that could present complex questions around what is appropriately considered a side agreement.

1. Side Agreement Hack | Mike Williams
28 May 2014

2. LinkedIn
Contest Brief
Send examples, real-life or imagined, that challenge our
black and white notions of side agreements.
The more vexing your questions or examples, the
better. We’re looking for real head-scratchers!
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3. Mike Williams | Side Agreement Hack
1. Pre-contractual Conditions
2. Discounting Renewals to Cross-Sell
3. Post-contractual Conditions
4. Add-on Discount Extensions
5. Guarantees of Product Performance
6. Price Maintenance and Leniencies
7. Executive Briefing Centre Agreements

4. Scenario 1: Pre-contractual Conditions
A prospective Sales Solutions customer suggests that,
before signing our contract, our team will ensure that:
LinkedIn awards their CEO a place in the Influencer
program; or
The Sales Representative agrees to take the client
for a signing dinner celebration; or
The client is introduced to a local member of
LinkedIn’s leadership team in order to pitch their own
goods or services to LinkedIn.

5. Scenario 2: Discounting Renewals to Cross Sell
To incentivize customers to attend a LinkedIn event such
as Talent Connect or Finance Connect and renew a
subscription, it may be proposed that Sales
Representatives can offer existing customers a discount
to the subscription renewal price of an amount equal to
the purchase price of that ticket.
This verbal agreement would not form part of any
standard contractual terms between the party and
LinkedIn.

6. Scenario 3:
Post-contractual Conditions
Favorable to LinkedIn: A Global Client is so enthused
by Sales Navigator, they now state that they are only
willing to use the platform if a LSS Account Executive
speaks at their main client conference on how social
selling has changed the cold call forever.
The customer notes that the performance of this is
determinative of whether they will renew or consider LTS
or LMS products, but identifies that will be a great
opportunity for LSS to meet new prospects.
Unfavorable to LinkedIn: One of our LMS clients,
following the purchase of a solution, states that LinkedIn
should now favor their son’s application for an internship
position in Software Engineering at LinkedIn, as that was
one of the reasons they decided to do business with us,
though it wasn’t mentioned earlier.

7. “
Scenario 4: Add-on Discount Extensions
A discount was available on a Core-4 Talent Solutions
product offering until 30 June. The customer purchases
the package with a view to purchase another Recruiter
Seat in 3 months when a new HR Director would join the
company.
On commencement of employment and purchase of
another seat, the company requests that their LinkedIn
Sales Representative apply the discount even though the
applicable time period has lapsed.

8. Scenario 5: Guarantees of
Product Performance
A prospective Talent Solutions customer
communicates to their Sales Representative that they
will only agree to sign a renewal contract if they are
entitled to a refund, should the LinkedIn license fail to
deliver a stipulated number of job applications,
company page followers or page views.
In addition, the customer believes a right to a refund
should accrue if a LinkedIn product has any technical
faults or interruptions.

9. Scenario 6: Price Maintenance & Leniencies
Requests to lock in pricing for 3 years
LinkedIn Sales Representatives may be
asked to confirm the price points of
particular offerings beyond the standard 12
month time frames provided by LinkedIn.
Customers growing beyond SMB size
to Enterprise
Relationship Managers may be asked by
companies who have grown dramatically to
sustain SMB products and pricing even
through their size today falls outside our
SMB product limitations.

10. Scenario 7: Executive Briefing Center Agreements
Guarantees of New Product Delivery
On a visit to LinkedIn’s EBC in Mountain View, the CIO from our
global recruitment client mandates that LinkedIn develop a custom
API integration to the internal system, Beacon.
Knowing the strategic importance of this account, over lunch our
Technical Product Consulting Manager promises that the API’s
development will be expedited and mentions that a Senior Enterprise
Architect can be on call any time for consultation or support.
The client says thank you and that she looks forward to LinkedIn
flying out more of her colleagues to EBC next year. The two parties
shake hands and part ways.

11. Thank You
Find out more:
au.linkedin.com/in/michaelwilliams0/