Negotiating and Working with Large Technology OEM Partners

The Holy Grail for many software and technology companies, especially the early stage type, is the big deal. Everyone is looking for the big deal, the one that will fund the company's early activities, provide market credibility and momentum in the marketplace. Of course, if it goes well, there can be nothing better. Many times the big deal takes the form of an OEM partnership with a much larger company. But often when these deals do happen, they end up fitting in the category of "be careful what you wish for".

TARGET YOUR OEM PARTNERS CAREFULLY
This is where it all starts, good or bad. It's important to pick compatible partners. Companies looking for large OEM partners are often blinded by the potential of what the OEM can do FOR their business. They often fail to pay any attention at all to what the OEM might do TO their business!

Can the partner cause severe channel conflict? Will they tie the small company up in endless meetings, procedures and negotiations? Do they have a corporate structure and culture so foreign to your way of doing business, where you end up pulling your hair out from frustration--unable to accomplish even the most simple business objective without moving mountains? Sometimes with large companies, its difficult even figure out who you need to speak with--let alone get a prompt, unambiguous answer.

Get to know your partners well before you sign a deal. It's tempting to rush in before "they change their mind", but the actual relationship is critical to potential success. It's like dating before a marriage--no matter how attractive the partner is, you need to make sure you can live with them later on.


NEGOTIATE FROM STRENGTH
I don't like to do deals with people that are sure they have the upper hand. If they think they can push you around--they almost certainly will. Usually one partner needs the other to a greater extent, but you want to try to avoid dealing with partners where you have no leverage at all. It generally doesn’t' turn out well. Make sure that you negotiate a deal that you can live with. Above all, you need to have a "line in the sand" that you won't cross--and be prepared to walk away if the negotiations cross that line.

This can be a painful and difficult thing to do when you are seeing big "dollar signs" in your eyes--and fear if you stay strong, you might blow the deal. But remember, you have something that the other side wants as well--or they wouldn't be talking to you. If you don't know what your minimum successful deal looks like, and you aren't prepared to walk, you may sign a deal that you will regret. Not to mention tying up your time and resources, which might have been used working with a more compatible partner.


WORK ON EVEN TERMS
Once you've negotiated a deal that you can live with (and hopefully prosper with!), it's time to get to work with your partner. Try to keep things as fair and even as possible in the relationship. Of course, it's important to be accommodating to your partner, and respect the differences in operational procedures. Big OEMs will usually move slower than you, be more process-oriented and structured, and include more people in the relationship. All of this is fine, but it needs to be tempered so that the larger partner doesn't "swallow all of you available resources whole". It can easily happen if you don't guard against it. They have more resources than you (but will always think they are busier!) as well as more process-driven requirements that need to be met. But don't be afraid to draw the line at a reasonable point, and remind them that you have fewer people and resources available. Suggest a phone meeting instead of flying three people across the country--ask that they come to your place, rather than always trekking to their headquarters. Propose that one of there folks spearhead writing that joint position paper, instead of some scarce resource in your company--you get the picture. Sometimes larger companies will smother you without even knowing they are doing it--don't be afraid to remind them that you need to do business a little differently.

KNOW WHEN TO SAY "NO"
If you've tried everything you know, politely, to keep the relationship equitable and reasonable--but it just isn't--don't be afraid to say NO. I meet many smaller company executives in my consulting practice whojust don't feel they can do this with a larger partner. They'll talk tough in internal meetings, but when back in discussions with the partner, the tough talk turns to submission. They just feel like the partner is too important to their business to risk ever offending them in any way. That attitude is a prescription for servitude for your company. I'm not suggesting being unpleasant; in fact, when standing up to a larger partner, it's critical to be calm, polite and non-defensive. But by all means be firm in delivering the message of what your business can, cannot--and won't'--do. If you don't, what could be a profitable relationship can turn very sour.


HAVE REALISTIC EXPECTATIONS
The last point I'd like to convey is that it's important to have reasonable expectations in partnering with large OEMs. Many companies go into these deals believing they will be "company-makers". In my experience, this rarely happens. Understand what the OEM can do for you, and build your business model around the most conservative projections of their performance that's possible.

Companies usually turn to OEM products from partners to fill niches that they don't fully understand, or don't feel would pay back--if they invested in developing it themselves. It is very rare for products licensed or resold from partners to get anywhere near the push that internally-developed products do. Be realistic about this, and you won't be disappointed. If revenue exceeds your conservative expectations, you'll be overjoyed.


SUMMARY
That's my condensed advice on working with the big software and technology OEMs of the world. This is a common activity for many companies--what's been your own experience? Post a comment and let me know your own view.

Phil Morettini
PJM Consulting
www.pjmconsult.com

Selling Through OEMS

I've recently discussed selling through VARs as a distribution channel strongly favored (maybe a bit too much!) by many early stage technology and software companies. In this article I'm going to look at another channel that is often misunderstood and misused: The OEM channel.

When a company goes about it the right way, OEM business can be an excellent additional revenue source for startups--and any high tech company, for that matter. Where I want to throw out a caution flag, is when a company decides they are going to rely on OEMs as its primary--or only--channel.

Now this can work, you might say. And you would be right. But in most cases, I believe, it isn't the best way to proceed. It can work, if you have the right type of product, and you've thought your strategy through very thoroughly. The problem is with most companies, this the usual scenario. What I find more prevalent is the old "let's make it, and we'll get someone else to sell it for us" approach. As I've discussed before, 'let someone else sell it' almost never works. This sentiment often occurs with a technology-driven senior team, without a good feel for marketing or sales. The natural tendency in these situations is to avoid the current weaknesses in this organization, and "let somebody else do it".

The problem here is that sales and marketing needs to be a core competency, in most situations, if a technology company to become as successful as possible.

So what are the "bad effects", when an early stage technology company pursues OEM relationships as their sole distribution strategy--or at least "too early" in their company development?

EFFECTS OF "BAD" OEM STRATEGY

No Leverage
If you approach potential partners with a brand and existing sales, there is no leverage in negotiating with the larger, more established OEM prospective partner. In addition, it's a much harder sale, because your company and product don't have a track record.

No development of internal sales & Marketing
Companies with OEM-only business models tend to have weak (or nonexistent!) sales and marketing departments. My belief is that sales and marketing is a core competency--making this a bad idea. While you can run a company this way, in most cases, the ultimate size and profitability will likely be a fraction of what your technology could have otherwise supported.

All push, no pull
Every sales and marketing activity works better if there are "pull" elements, in addition to "push". If selling to the OEM is almost solely a "push" activity, with no brand or your own market share to help pull--the process is much harder.

All the eggs in one basket
Even if you do well and gain OEM deals with premier partners--success is far from guaranteed. It isn't unusual for OEM deals, especially early ones, to yield actual revenues in the 10-15% range of forecasts. If this happens to you and you've built your company around these projections--you're basically screwed. You risk "crib death" or at least a difficult restart with your own brand, due to the disappointing sales from the OEM relationship(s).


Your OEMs swallow you whole
A very common scenario is a much larger OEM that starts treating its small, entrepreneurial partner like another department in its bureaucracy. The OEM stunts your overall company development by "tying up" the scarce resources of your smaller company in meetings, special projects, ever-changing product development requirements--and yes--more meetings.


Given the potential pitfalls, how do I recommend using OEMs?

THE "RIGHT WAY" TO INCORPORATE AN OEM STRATEGY

Develop your own brand/channel first
Pursue OEM business only AFTER you've established products under your own brand. It not only will provide you with a product that will be more attractive and stable to potential OEM partners, but you've got your own branded business to sustain you

Important--but secondary--revenue source
Treat OEM business as an important, but secondary revenue source relative to your own brand. This will keep things in perspective and prevent you from putting your company's future in someone else's control.

Bundle rather than integrate
Once way to take advantage of large OEMs without the downside of losing your own identity is to seek bundling deals, rather than private label deals. By doing this you are essentially co-branding, building the power of the partner brand through affinity with the bigger company. This leaves you with greater marketing, selling and support requirements, but may lead to a larger, more profitable company in the long run.

Address a vertical out of your reach
A good way to utilize OEMs is to fill a key vertical where your technology has a market. This occurs when you decide that you can't address this vertical well with your own brand, because you don't have a presence, and have decided that it doesn't make sense strategically to expend resources to develop one.

Final harvest
Another smart way to use OEMs is to "harvest" a volume product which is now in decline, and is a product which you don't intend to continue major investments. If you can get such a deal, it can be great way to maximize end-of-life revenue with minimum incremental investment.

Offer another price point
A strategy that can be used successfully in some cases (but is a bit dangerous) is to use an OEM to offer another price point in the market, one that you choose not to address with your own brand. More often you would do this with your own alternative brand or sub-brand. But there are instances where this investment might not make sense. Special care should be taken if the OEM is to fill a lower price point--care needs to be taken so that your own brands share isn't eroded significantly.

Integration with complementary products
There are some instances in the marketplace where 1+1 does indeed equal 3. In these cases it may make sense to team with an OEM, to gain the advantages of product integration with a key product in your market, offering them as a single, integrated solution.

Leverage your IP into a new market
There are also cases where you main technology base can be easily used to create an entirely different type of product, which is intended to serve an entirely different market, relative to what you are selling under your own brand. In these cases it may make sense to team with an OEM in this disparate segment, to market this spin-off product from your main technology.

Summary
The bottom line is that OEM marketing is very important in the software and technology business. I strongly recommend that most everyone pursue this type of business; however, do it as part of a balanced, overall revenue strategy. Tread carefully and wisely and this may be the distribution channel that makes a break-even, or modestly-profitable business, into a profitable winner. It's easy to say you want OEM revenue, but like most things in business, doing it right is hard--the devil's in the details.

That's my thoughts about how OEM strategy best fits into a typical high tech business. Post a comment and let us know how YOU approach OEM relationships--I look forward to your opinions.

Phil Morettini
PJM Consulting
http://www.pjmconsult.com/