I have an idea for an endorsement deal I want to pitch to some webmasters, but If I don't get them to sign some sort of agreement, they could run out and take the idea for themselves. The question is, is a non disclosure agreement a good agreement to use? If so what am I to do in the event(I hope this doesn't happen) that a person takes my idea and uses for themselves without givimg me my due share. What action do I take and how do I take it?
Sure, an NDA is often a good idea. Some people won't sign one - for example I won't sign one, because I hear business pitches all day, and I'm not going to let an NDA with some clown with a poor idea prevent me from investing in another better (yet similar) idea later. On the other hand, you're often more likely to be taken seriously if you have an NDA. I've actually seen a request for an NDA being used as a marketing gimmick - it makes people take notice of a pitch that they might otherwise dismiss as spam. If someone who signs an NDA does rip you off, call your lawyer, because now you have a breach of contract that's actionable.
As far as having them sign it, do I have to get a hand written information or could I say, set up a page on a website that contains the NDA form for them to fill out? I prefer to do it that way, as sending stuff through the mail is tedious. I know there may be some people who won't sign it, but I can't afford to freely pitch an idea. I'am and the middle man and they could easily use it without me. I just want to paid a "set up fee" for setting up the deal.
Contrary to popular belief a contract does not need to be in writing. Well, at least in countries like the UK and the US. BUT, if it isn't in writing, then it's difficult to prove what was actually agreed and you can bet your ass your opponent won't agree with what you say the agreed terms were.
I could probably just my fax machine to fax the Non Disclosure agreement, right? I had a scanner that I was using to scan documents into my computer but it broke and now all I have is my fax machine. I think that should work fine.
Like Merkersarl said, a contract or a NDA in this case, doesn't have to be written. A verbal contract is just as valid but obviously harder to prove. So about your form idea, if you can prove that that particular person filled the NDA web form, which shoudn't be hard, you won't have any problems making the NDA stand if it was to come to that.
Great. Thanks guys for the advice . That makes things a lot easier. I sure didn't want to run out and buy a new scanner if I didn't have to.