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Buying Into Or Offering Franchising Opportunities?
Traditional franchising is an established business technique that brings together the owner of a branded product with another. Here's the nuts-and-bolts of it: A franchisor provides a trademark or trade name, and a business arrangement; a franchisee pays a royalty, and often an initial fee for the right to do business under the franchisor's name and system. The contract binding the two parties is the franchise.
After the downturn in the Internet-advertising market, Internet merchants developed the pay-for-performance e-commerce sector. It worked this way:
- Internet merchants paid a commission to affiliates who directed people to their Web sites.
- More sophisticated affiliate programs were set up as revenue-sharing arrangements.
- The terms and conditions for these programs began to mimic franchise agreements.
Consider the following perspectives. As an affiliate for an online casino, some franchise agreements allow the franchisee to earn 33% to 50% of the value that Internet gamblers lose to the online casino. Affiliates for a home mortgagor earn $30 to $90 per referral under some agreements. But risk shadows reward ' that is, franchisees are then liable for the performance of services they promote.
Franchise Defined
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.