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by anthonyskipper
4117 days ago
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The advice here is terrible and the opposite of what it should be. I've seen tons of startups screw this up and wreck great opportunities. Yes, you need a lawyer to review the contract, but you should just sign it and move along if the lawyer says it looks ok. Mutual NDAs are standard fair in the business world, especially from an established company. |
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If OP is entertaining a commercial relationship with an established, larger company -- and there might be an investment component alongside that (a "strategic" investor) -- then it generally makes sense to play normal commercial relationship rules. And one of those is that a BigCo generally gets what it wants in terms of NDAs, within reason, before it opens up.
But if OP's investor purports to be a "real" investor (financial and serial) then there are serious yellow/red flags.
(A "real" investor is one who is financially motivated but also has interest in doing several deals in the community into the future -- hence, they have a reputation to protect and they will tend to hew closer to market norms.)
From the VC perspective, if I had a good customer lead (in my portfolio or otherwise) for a new application of an unfunded startup's technology, I would unhesitatingly make the intro. It benefits me several ways: 1. it may help the customer; 2. seeing how the customer responds is extra diligence information to help me form an investment perspective; 3. if it works out, I am viewed favorably by the startup and more likely to have my term sheet accepted going forward. (This is not speculation; in fact, I am a VC and we do this sort of thing all the time.)
It would be a strange situation, indeed, where I would feel the need to forgo those benefits because of needing an NDA.
(Now, if it's the end customer who wants the NDA, then the normal "commercial relationship" rules, above, apply.)