We will create a Term Sheet for you with full reference information. However, for your review, here is how we do business at Rise.
Further to our approach via Email, LinkedIn, Professional Introduction Direct Mail or Telephone to your company in relation to a confidential acquisition and/or joint venture opportunity, Rise Strategies Limited (“we” or “us”) are pleased to introduce strategic acquisition and/or joint-venture opportunities.
Here’s how we do business;
Acting on behalf of your company its affiliates and subsidiaries, you agree and confirm the scope of our engagement as follows:
Our Role: Rise Strategies are an acquisitions and joint venture sourcing, introduction and mediation company whose business is that of sourcing and presenting opportunities for the purpose of acquisition, or to engage in a mutually beneficial joint venture between (in the context of this agreement) your company and a third party.
Context of this agreement: Rise Strategies has engaged with your company to introduce an opportunity to acquire a company that Rise Strategies feel may be a strategic fit for and to add value to your company.
Obligation: In the context of this discussion, Rise Strategies will present acquisition or joint venture opportunities to your company other companies for which you act, or any entity that you will act for on its creation (for example, a special purpose vehicle/SPV company created to hold all or part of the equity/assets of the acquired company in question).
Rise Strategies will only provide you with information to assist you in your decision making process and will not oblige you to carry out, or recommend you carry out, any particular course of conduct.
In providing our services, Rise Strategies will not have any authority to create obligations by which you or any company within your group will be bound.
Our Commission: If, as a result of an introduction made by Rise Strategies to your company and/or any company affiliated to or associated with your company a successful acquisition or joint venture is the outcome, then a commission payable by your company to Rise Strategies of between 4% and 20% on the total deal value becomes due.
Commissions may be paid in cash, equity or a mix of both cash and equity in the acquired company, details of which and agreement to shall be set out under separate agreement to this document.
Confidentiality: Both and all representatives of your company agree to keep confidential the names and contact details of the company and/or opportunity being divulged under the terms of this agreement.
Liability: You agree that Rise Strategies shall have no liability of any nature, whether in contract or tort or otherwise, for any loss or damage of any description incurred by you, or any third party arising directly or indirectly as a result of or in connection with an acquisition or joint venture created as a result of our introduction services except where such losses are due to the fraud or dishonesty on the part of Rise Strategies or to the extent that such liability cannot lawfully be excluded or limited.
Indemnity: your company shall indemnify Rise Strategies against any cost, loss, expense or liability which may be suffered or incurred by Rise Strategies in the proper performance of its obligations under this agreement including, without limitation, arising from any misrepresentation, misconduct, negligence or dishonesty on the part of any third party, except to the extent that the cost, loss, expense or liability is due to the fraud or dishonesty on the part of Rise Strategies or to the extent that such liability cannot lawfully be excluded or limited.
You acknowledge and agree that all materials and information you provide to Rise Strategies is accurate and complete and that Rise Strategies will, without independent verification, rely on it for the purpose of providing our services. Rise Strategies shall not assume any responsibility or have any liability for such materials or information.
You represent that you have the right to supply such information to Rise Strategies and that the supply of such information by you and its use by Rise Strategies for the purposes of the provision of our services will not infringe any rights held by any third party, involve the unauthorised use of confidential information belonging to a third party or result in the breach by you or Rise Strategies of any law, regulation, fiduciary duty, intellectual property right or agreement.
All materials and information provided to you in connection with our engagement with you is provided on a confidential basis by Rise Strategies and should not be disclosed to or relied upon by any other person
Non Circumnavigation. understands that Rise Strategies business involves, among other activities, introducing, participating, effectuating and consummating transactions between companies, persons or public bodies globally for the purposes of acquisition and/or joint ventures.
In consideration of the foregoing, you agree that your company and/or its subsidiaries or affiliates shall not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass Rise Strategies from any transactions between the parties, or obviate or interfere with the relationship of Rise Strategies for the purpose of gaining any benefit, whether such benefit is monetary or otherwise.
Confirmation & Signature: Upon signature, you will be deemed to have accepted and agreed to our terms of business as set out in this agreement to engage with Rise Strategies in relation to our consulting and acquisition introduction and/or joint venture services.
This agreement will be governed by and construed in accordance with English law and, for the benefit of Rise Strategies, you hereby submit to the exclusive jurisdiction of the English courts.
If you agree to our terms of business please sign our digital agreement. We will be notified of your signature instantly and can engage with you freely once received.