Commercial price
Discounted subscription, usage rate, committed spend, flat fee or another supported private structure.
Structure customer-specific AI-agent deals around negotiated pricing, contract duration, payment schedules, licensing rights, usage commitments and marketplace procurement without relying only on public-list pricing.

Google Cloud: Google documents private offers as customized pricing arrangements for customers or resellers, including pricing model, billing frequency, duration and optional auto-renewal. Google Cloud private-offer pricing.
AWS: AWS defines private offers as negotiated terms that can include custom pricing, a custom EULA and other customer-specific solution terms. AWS private-offer overview.
| Route | Who sees the terms | Pricing flexibility | Marketplace billing | Legal flexibility | Typical use |
|---|---|---|---|---|---|
| Public marketplace listing | All eligible buyers | Standardized | Yes | Usually standard product terms | Repeatable transactions |
| Private offer | Specified buyer account(s) | High | Usually yes | Platform and offer-type dependent | Enterprise negotiation using marketplace procurement |
| Direct enterprise contract | Named customer | Very high | No marketplace requirement | Very high | Complex bespoke deployment or strategic relationship |
Discounted subscription, usage rate, committed spend, flat fee or another supported private structure.
Defined contract term, usage period, start date and possible future-dated activation where supported.
Upfront payment, installments, recurring billing or consumption billing depending on platform and product.
Standard marketplace agreement, seller EULA or negotiated custom terms where the platform supports them.
Users, affiliates, deployment, territory, sublicensing, white-label or other customer-specific rights.
Term-end options, auto-renewal and any agreed change to renewal pricing or commitments.
A private offer is most useful when the seller wants to keep the marketplace as the procurement and billing channel while negotiating terms that do not fit the public listing. This commonly arises with large enterprises that want volume economics, committed spend, longer contract terms, custom payment schedules, specific legal language or customer-specific support.
The route can also help a seller avoid maintaining multiple public product listings for each enterprise negotiation. The public listing can remain the reference product, while the private offer carries the negotiated commercial terms for the named buyer.
Enterprise negotiations often include more than a simple discount. The seller may need to address contract duration, payment timing, renewal, usage commitments, support, service levels, licensing rights and legal terms. The exact options are marketplace specific.
Google Cloud states that private-offer pricing can be customized through the applicable pricing model, billing frequency, duration and optional auto-renewal. AWS allows sellers to configure pricing model, contract or usage duration, price, currency and payment schedule and can support public, standard or custom legal terms depending on the private-offer setup.
AWS offer creation: AWS creating and managing private offers.
For AI-agent products, a private offer can be valuable when model, compute, data or tool costs scale with use. The seller may negotiate a commitment large enough to support predictable revenue while still using consumption metrics or other marketplace-supported pricing structures.
Google's current private-offer documentation supports flat-fee and usage-based structures for qualifying SaaS products. Its usage structures can include committed-use discounts or usage-only discounts. AWS likewise supports multiple private-offer pricing models depending on product type and can include installment payment schedules where the relevant model allows them.
Google Cloud: Google Cloud private-offer pricing models.
Google Cloud Marketplace allows a seller working directly with a customer or reseller to customize the pricing of a marketplace product through a private offer. The commercial structure is built from the product's existing pricing plan and can then be adapted using the private-offer pricing models available for that product type.
For qualifying SaaS offers, Google documents flat-fee and usage-based private-offer models. Usage pricing can be structured as a committed-use discount, where the customer commits to spend a defined amount, or as a usage-only discount. The private offer also includes billing-frequency choices and can define offer duration and auto-renewal.
This makes Google Cloud private offers useful where the seller wants customer-specific enterprise economics while preserving Cloud Marketplace procurement and billing.
AWS treats private offers as negotiated alternatives to a public marketplace offer. Sellers can negotiate pricing and EULA terms, and the resulting offer is extended to identified buyer AWS accounts. AWS currently permits multiple private offers to a single buyer, although a buyer can only be subscribed to one offer for the product at a time.
AWS private-offer setup can include pricing model, duration, price, currency, payment schedule, legal terms and renewal options. AWS also supports custom legal documents in addition to a public EULA or Standard Contract for AWS Marketplace, depending on the seller's configuration and product.
AWS states that sellers must have at least one active public listing to issue private offers. The current workflow can add up to 24 buyer accounts to a private offer. AWS also provides express private offers for preconfigured standard deals, which can reduce manual sales work for eligible use cases.
Salesforce's current AgentExchange materials include private offers as part of the marketplace transaction model. Salesforce describes tailored pricing and terms, unified billing and automated provisioning as part of the current AgentExchange commercial experience.
For participating listings, Salesforce can expose a Request Private Offer path that moves a qualified enterprise buyer from marketplace discovery into a negotiated transaction. Because AgentExchange is evolving quickly, seller eligibility, geography and workflow details should be rechecked immediately before publication or transaction design.
Salesforce: AgentExchange private-offer overview.
Microsoft Marketplace supports private offers across eligible marketplace products and partner-channel structures. For AI-agent sellers, the main commercial question is whether the underlying offer type and agent publication route support the intended transaction structure. Sellers should therefore determine the Azure, SaaS, Microsoft 365 or other applicable offer architecture before negotiating customer-specific terms.
The private-offer page should not assume that every Microsoft agent type uses identical pricing or contracting mechanics. Microsoft marketplace structures change by offer type, and the seller should verify the current Partner Center documentation for the specific agent before issuing the deal.
The private-offer route is attractive when the buyer wants marketplace procurement, consolidated cloud billing, approved-vendor workflows or committed marketplace spend. A direct contract may be preferable when the transaction requires rights or obligations that the marketplace workflow cannot accommodate, when billing through the marketplace provides little value, or when the deal involves a broader strategic relationship than the listed product alone.
A reseller or channel partner can introduce another economic and contractual layer. The seller should identify who controls the customer relationship, who issues the offer, how discounts are shared, what support obligations attach to each party, and whether the partner needs sublicensing or downstream distribution rights. Marketplace private offers can coexist with channel relationships, but the transaction should be mapped before price concessions are agreed.
An enterprise buyer may ask for affiliates, broader deployment rights, white-label use, local installation, modification rights or sublicensing. These are not ordinary price concessions. They can change the strategic value of the transaction and may require separate analysis of software ownership, model-provider restrictions, open-source obligations, data rights and patent strategy.
A private-offer discount should therefore not be evaluated independently from the rights being granted. A lower price for ordinary hosted access can be commercially sensible, while the same price may be inadequate if the buyer also receives broad downstream deployment or commercialization rights.
| Negotiation area | Questions to resolve | Why it matters |
|---|---|---|
| Price | Public price, discount, committed spend, usage rate or flat fee? | Determines immediate economics |
| Duration | Start date, end date, minimum term and future-dated activation? | Controls revenue visibility and buyer commitment |
| Payment | Upfront, installments, recurring or consumption billing? | Affects cash flow and procurement |
| Usage | Are there included units, minimum commitments or overage rates? | Protects variable-cost economics |
| Support | Standard support or customer-specific service obligations? | Can materially increase delivery cost |
| License scope | Users, affiliates, territory, deployment, white-label or sublicensing? | Determines strategic rights granted |
| Legal terms | Public EULA, standard contract, amendment or custom terms? | Defines risk allocation |
| Renewal | Auto-renew, renegotiation, price uplift or termination? | Controls long-term economics |
| Exit | Data export, transition, deactivation and surviving rights? | Important for embedded enterprise use |
A public offer exposes standard pricing and terms to eligible marketplace buyers. A private offer is directed to identified customers and can provide negotiated pricing or other customer-specific terms supported by the marketplace.
On some platforms and product types, yes. AWS expressly supports custom legal terms for eligible private offers. Other marketplaces have their own contracting structures, so the applicable product documentation should be checked before negotiation.
Potentially. Google Cloud supports usage-based private-offer structures for qualifying SaaS products, including committed-use and usage-only discount approaches. AWS also supports consumption-oriented marketplace pricing depending on product type.
AWS currently permits sellers to create multiple private offers for a buyer, although the buyer can only be subscribed to one offer for that product at a time.
No. A private offer is a transaction mechanism. The underlying rights can still be ordinary hosted access or can include broader licensing rights if the contract and platform structure support them. The licensing scope should be evaluated separately.
Explore how the commercial decision connects with ownership, licensing, patent rights, and the cross-border protection of AI-agent technology.
Email: rd (at) patentbusinesslawyer (dot) com