Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
BUSINESS DEVELOPMENT AGREEMENT
This agreement is made on this ______ day of ____________ at ____________, between:
M/s ____________________, a company incorporated and having its office at ____________________, through its ____________________ (hereinafter referred to as the "First Party");
AND
M/s ____________________ (hereinafter referred to as the "Second Party").
Whereas the First Party is a renowned company doing the business of ____________________;
Whereas the Second Party is a company engaged in the work of corporate advising, and more specifically in the work of business development of various companies through its very specialized and highly skilled activities and services;
The parties have discussed the matter of business development for the First Party and have agreed that the Second Party shall take up the work of business development for the First Party, and have agreed to enter into an agreement for mutual benefit on the following terms:
1. That the Second Party shall take up the job of business development, at its level, on behalf of the First Party.
2. That the Second Party shall use all the ways and means in this regard for the business development of the First Party, at its own cost.
3. That the Second Party shall gather all the information related to the sales, feedback, market research and quality enhancement of the products of the First Party, and shall take effective steps for business development for the First Party.
4. That the Second Party shall also gather all the detailed information relating to tenders issued by various departments, bodies, companies, etc. for the said product, and shall forward the same to the First Party, and shall provide all possible support in this regard to the First Party to procure the orders for its products. The Second Party shall also provide all the relevant information in this regard to the First Party which can be used for the bidding in the said tenders by the First Party. The Second Party will do all the activities relating to the successful bidding by the First Party for the said tenders, as and when required.
5. That the Second Party has at present forwarded one specific lead, with details, to the First Party regarding a tender floated by the ____________________. The Second Party is providing all possible professional and advisory services in this regard, with wide activities of field survey, technical survey, market survey, etc., which shall be very useful and beneficial to the First Party in determining the details of the said tender. The First Party shall bid for the said tender and shall quote the rates as per its own business consideration.
6. That the Second Party shall be entitled to professional charges of ______% of the total contract value quoted by the First Party in the bid filed by it in the tender document. The Second Party shall claim the said amount only in the event that the said tender is awarded to the First Party by the department.
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About this template
What is this template?
This document is a performance-based consultancy contract focused on tender procurement and market research. It is not a general employment contract or a fiduciary partnership, as it explicitly limits the relationship to business development. The document contains a specific percentage-based fee structure tied to 'total contract value' and mandates that the advisor bears all their own expenses.
When should you use it?
Use this agreement when hiring a consultant to identify and help win specific tenders on a no-win-no-fee basis. Use a standard Service Agreement instead if the consultant is paid a flat monthly retainer regardless of bid outcomes.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 3 | Scope of Services | The Second Party collects market research, feedback, and sales data to enhance product quality and identify growth opportunities. |
| 4 | Tender Support | The Second Party identifies department tenders and provides technical and field survey data to support the First Party's bid. |
| 6 | Professional Charges | The Second Party receives a percentage of the total contract value only if the tender is successfully awarded. |
| 8 | Tax Liability | The First Party bears all taxes accruing on the release of professional charges to the Second Party. |
| 10 | Ongoing Tender Protection | Termination does not negate the First Party's obligation to pay commission on an ongoing tender where substantial expenses were incurred. |
Who it's for
- a company hiring a corporate advisor to secure specific government or private department tenders
- a business development firm working on a purely success-based commission for market research and bidding
- parties requiring a commission-based structure where the consultant bears their own operational costs
How long it runs and how it's signed
How long
Runs until someone ends it
Stated duration
as long as they wish
Notice to end it
15 days
Survives the end
Professional Charges
Signed by
First Party, Second Party, Witness 1, Witness 2
Witness
Required
Notarisation
Not required
Jurisdiction
India
Document info
GitLaw document. Document created on Fri Jun 26th, 2026. Last updated on Fri Jul 10th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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