Not by themselves. E-2 looks at a real operating commercial enterprise, substantial capital at risk, non-marginality, and an investor who develops and directs it. A milestone-based promise of exclusivity is a commercial term, so the question is whether the business can trade and grow under the rights it holds now.
Show the business that exists before the milestone
Describe the pre-exclusivity operation: what may be sold, at what margin, to which buyers, with what stock and staff. If the whole plan collapses without exclusivity, that weakness should be identified before filing rather than after. A hypothetical Blainville investor could review a supply arrangement permitting trade before exclusivity; whether it supports the proposed case depends on the actual terms and operation. Ask counsel to reconcile any clause that conflicts with another agreement.
Provisions that concern consular officers include requirements for unanimous consent on operating decisions, a minority veto over hiring or spending within normal ranges, a deadlock mechanism that hands control to the minority, or a management agreement placing operations with someone else. E-2 requires treaty-country nationality — Canadian permanent residence alone does not establish it — and the enterprise itself must carry qualifying treaty ownership, with the investor positioned to develop and direct it through at least 50 percent ownership or genuine operational control.