Answer Upon - Legal

E-Commerce - How To Prevent Download Theft
If you sell digital products online, you are probably already familiar with the growing problem of your e-books, etc. being stolen. This is how it works and how you can prevent it.A visitor to your site buys your product; for example an e-book. Soon after downloading her purchase, she visits a forum and supplies the link to the page containing your download information to all the members. Before you know it, thousands of people are downloading your e-book! These people are stealing from you and you are unaware of your lo

In Direct Mail Marketing Copywriting, Specifics Outsell Generalities
Lilly Tomlin, the American comic, once said: “When I was growing up, I wanted to be a somebody. Now I realize I should have been more specific.”In direct response advertising and direct mail selling, as in life, specifics sell. Generalities don’t.Consider, for example, a direct response ad that I have in front of me. I tore it from the May 2006 issue of Harper’s Magazine last night.This ad faces an almost impossible sales challenge:The product it promotes is the ROM, a Range of Motion exercise mac

In the world a franchising it often becomes necessary to allow a franchisee to transfer their franchise rights to a new entity or individual. It is kinda disconcerting to see all your hard work in the training of the franchisee and marketing go to waste. If it is a really good strong franchisee, often this is upsetting because replacing such a great franchisee may be next to impossible for the particular market.

But as we know all things change incensed change is the only constant, it is something we franchisors have to deal with. Having been in franchising for nearly two decades, it became apparent to me, that often it was best for us to buy out the franchisee and run that particular franchise outlet as a company-owned store. Thus we needed to be assured first rights of refusal in the case the franchisee wished to sell out their rights. Below is a clause that I designed and put into our franchise agreements for this very purpose;

5.6 Right of First Refusal

If at any time during the term of this Agreement Franchisee (or Master Franchisee) receives a bona fide offer to purchase the Franchised Business, which offer Franchisee is willing to accept, Franchisee must give Franchisor written notice of the terms of the offer and the name of the offeror. Franchisor may elect to purchase the Franchised Business on the same terms as contained in the offer within sixty (60) business days after Franchisor’s receipt of the offer, except that in place of any non-cash consideration described in such offer, Franchisor may pay the fair market value thereof in cash. If Franchisor fails to give written notice of election or declines election within the sixty (60) business days, Franchisee may sell to the offeror on the terms offered, subject to the provisions relating to transferability as set forth on this Section 5, provided that such sale must be consummated within ninety (90) calendar days after the expiration of such sixty (60) business day period; otherwise the restrictions of this Section 5.6 shall be renewed and any sale or transfer by Franchisee of its interest in this Agreement, whether to such

How to Legally File a Child Name Change
About one million children are affected by divorces in the U.S. every single year. Also, 25% of children in the U.S. are born out of wedlock. Its easy to see why many people want to change their child`s last name. Not to long ago courts ruled that a father had a right to have his child`s last name kept the same as his long as he continued to act as a parent to the child. Now-a-days courts usually weigh these facts: how long the child`s had their father`s last name; how strong the relationship is with the mother and child and vice ve

as we know all things change incensed change is the only constant, it is something we franchisors have to deal with. Having been in franchising for nearly two decades, it became apparent to me, that often it was best for us to buy out the franchisee and run that particular franchise outlet as a company-owned store. Thus we needed to be assured first rights of refusal in the case the franchisee wished to sell out their rights. Below is a clause that I designed and put into our franchise agreements for this very purpose;

5.6 Right of First Refusal

Embroidering on Women's Apparel
EMBROIDERING ON WOMEN'S APPARELDigitizing and Embroidery TipsWHEN TO CHOOSE EMBROIDERYWomen represent more than 50 percent of the workforce today and are taking their place in upper level management positions in growing numbers. As women advance in the business world, promotional apparel is reflecting that move. The “unisex” treatment of promotional garments, using the same standard grade rules for both men’s and women’s sizing, is being replaced with designs sized to fit that m

. Below is a clause that I designed and put into our franchise agreements for this very purpose;

5.6 Right of First Refusal

IT Marketing: Postcard Case Study
Sometimes you won't get the results you hoped for with your IT marketing. In this article you will learn about some common problems with postcards and how to avoid them.IT Marketing: The Case“I've sent out over 300 postcards offering general computer troubleshooting services, automated online data backup and wireless home networks. From a marketing standpoint, I purchased lists of area businesses broken down by revenue, credit rating, years in business and number of PCs. The wireless home networks went to homeowners th

r. Franchisor may elect to purchase the Franchised Business on the same terms as contained in the offer within sixty (60) business days after Franchisor’s receipt of the offer, except that in place of any non-cash consideration described in such offer, Franchisor may pay the fair market value thereof in cash. If Franchisor fails to give written notice of election or declines election within the sixty (60) business days, Franchisee may sell to the offeror on the terms offered, subject to the provisions relating to transferability as set forth on this Section 5, provided that such sale must be consummated within ninety (90) calendar days after the expiration of such sixty (60) business day period; otherwise the restrictions of this Section 5.6 shall be renewed and any sale or transfer by Franchisee of its interest in this Agreement, whether to suc

Day Trading – Why You Can’t Win With Day Trading!
I read about day trading systems all the time but have never met a day trader who can show me a track record of consistent profits.Why? Because day trading simply doesn’t work, if you want to know why then read on.1. Reliable dataIf you are trading any market with charts you need reliable data to work with and this means data over time a day is simply to short. Think about it.The moves I a day are totally random and you may as well flip a coin when trading.When trading currency or forex markets you

hisee may sell to the offeror on the terms offered, subject to the provisions relating to transferability as set forth on this Section 5, provided that such sale must be consummated within ninety (90) calendar days after the expiration of such sixty (60) business day period; otherwise the restrictions of this Section 5.6 shall be renewed and any sale or transfer by Franchisee of its interest in this Agreement, whether to such offeror or other individual or entity, shall again be subject to the restrictions of this Section 5.6. In the event Franchisor elects to purchase, the purchase must be completed within ninety (90) calendar days from the date of Franchisor’s notice of election to purchase. For purposes of this Section 5.6, the term “fair market value” of any noncash consideration shall mean the fair market value of such property as determined by agreement of Franchisee and Franchisor; provided, however, that if the parties are unable to reach such agreement within sixty (60) business days after Franchisor’s receipt of the offer, then the fair market value of such property will be determined by one appraiser chosen by the parties, who will determine the value of such property. In the event that the parties are unable to agree upon such an appraiser, the parties agree that the United States office of the American Arbitration Association (“AAA”) closest to our corporate offices will be employed to chose an appraiser and such person will determine the fair market value for these purposes. In the event the appraisal process is utilized, the party whose valuation of such property less closely approximated the value pursuant to the above-described appraisal process, measured by dollar amounts and not percentages, will pay all costs of the appraisal process. Any delay caused by such appraisal process or the parties’ disagreement over the fair market value of any non-cash property will extend the period in which Franchisor is to act under this Section 5.6 by that number of calendar days equal to the period of the delay.

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This is an issue that all franchisors will hav

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An article explainig how to become a Qualified Person Consultant. The primary legal responsibility of the Qualified Person is to certify batches of medical product prior to its release in to the market or prior to its usage in clinical trials. However there are other duties the QP must perform in relation to the safety, quality and efficacy.

I arrive with about 350 other guys. We smile at each other but really don’t talk much. I guess we all feel that we are too good and too proud to be at a sales-training seminar.

MSN is launching its own PPC advertising program with new demographic and behavioral targeting features in France and Singapore in mid-late 2005.

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Answer Upon - Franchisor Considerations in Franchise Transfers and First Rights of Refusal

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