Is this kind of structure typical with acquihires? By negotiating like this, am I in danger of blowing this offer (again)? HN's thoughts on this is greatly appreciated!
About the Acquirer:
Alexa top 5000 site
$33M in revenue for 2020
16M page views / month
It is a tell.
You have been told they don’t want to pay you.
If you do business with them, don’t be surprised when you are not paid.
Warning you is how they will justify non-payment when it happens.
Not to you, but how they will justify it to themselves.
You want to do business with people who are happy that you are making good money. Business with people who want to make you rich. Good luck.
1) Don’t look at the revenue but the profit. So take the 40k and deduct your personal time (e.g., 100 USD/hr) and the costs. Let’s say that leaves you at 20k. Mulitply with 25 for a conservative 500k valuation for your side-project. 2) What happens when they let you go? Do you get back the 100% stake? What happens if they merge it into another product and “yours isn’t making any more revenue”?
I might suggest the following: 500k for your side-gig vesting in salary/stock over 2-3 years (and guaranteed unless you do something evil). Plus your market rate salary.
As soon as you join them, revenue share doesn’t make any more sense because you don’t have control over the product any more. And should you be penalized because they screw it up?
After more dialog, the acquirer updated the offer with a $50K rev share minimum at the end of year one and $25K rev share minimum at the end of year two with the sentence "assuming you are still employed with [acquirer]". The base salary still remains $25K lower than my current base salary.
Also, my current employer just informed me that they will not be providing / continuing my pay during my paternity leave; I will just receive FMLA coverage and PFL through the state of California. Due to this, I did ask the acquirer for part-time work so we identified a project I can work on but they haven't provided any payment / salary information.
Selling the side project for 100k on flippa would be better than this, although not ideal either.
I'd probably respond, "and you just want to hire me and take most of the revenue, so it sure sounds like a job offer to me. What is the problem?"
Yes, you might be blowing the offer. But if they don't want to pay you what you feel is right, is that so bad?
It's a cut-and-dried VC prop. Give up control to work on something full-time. It's many a SWE's dream to work full-time on their side hustle. Doesn't sound that way for you.
It sounds like you just want a better job, so why not negotiate more on that?
Not saying it will go that way but the risk is there.
It sounds like you're not excited by the deal. If you can sustain the status quo for a while more, I'd advise you to ask for more than you really want and be ready to walk away.
Thank you all for your comments. I did receive an updated offer letter today that writes out that the minimum revenue in year one will be $50K. There is no revenue share after year one so I just asked if a revenue share can be provided after year one.