Insights

The label on the agreement matters less than who contracts with the customer, who carries the revenue risk and who controls the customer relationship. Businesses often begin a channel negotiation by asking for a “standard reseller agreement” or “distribution agreement”. That is understandable, but it starts in the wrong place. Channel models overlap, market terminology is inconsistent and a document can be called a reseller agreement while operating commercially like an agency or referral arrangement. The better starting point is the operating model. Who invoices the customer? Who sets the

Introduction Convertible notes, Simple Agreements for Future Equity (SAFEs) and warrants are widely used in startup capital raising in Australia, particularly across early and growth-stage funding. Each offers a way to raise capital or provide equity upside without immediately issuing shares, but each operates differently and involves distinct trade-offs. In this article our capital raising lawyers take a practical look at the pros, cons and common pitfalls of each instrument, to help founders and growth-focused businesses assess how they may affect dilution, timing and outcomes as their business grows. Key