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leakinghate · 5 years

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Legendarily Defensive: Editing the Gay Away in VLD

Disclaimer: This meta is a collaboration of the entirety of #TeamPurpleLion. We understand while we do touch on narrative romance, we are intentionally trying to be as ship-neutral as possible, and provide that which we only have evidence for. We encourage the experts in their respective ship-fandoms to meta as they do best on these topics, and we hope this can be a factual basis to springboard from.

In the most recent AfterBuzz interview March 4, 2019, Executive Producers Lauren Montgomery and Joaquim dos Santos revealed in no uncertain terms who, precisely, is responsible for the editing fiasco that resulted in the version of Season 8 presented to the fandom, including explaining to their viewers when the changes were called for, and a heretofore unknown why: the removal of a mlm relationship between two of the male Paladins.

Let’s break it down.

The interview itself is a little very difficult to stomach, especially the latter half. But, the first portion is an unusually open and honest discussion of what went down behind the scenes, and what it meant to the producers. It’s also the place where we’ll be lifting direct quotes from. The hosts of AfterBuzz allow the Executive Producers to have the floor and speak with quite a bit of leeway, and some very curious facts come to light. For anyone interested in the source, the interview can be found on Youtube.(3)

Voltron is a unique case. While much of the fan base may not have been around for prior incarnations of this franchise, it has existed for quite a while.

It originally came from a Japanese show Beast King GoLion. From this show, the robot we recognize from Voltron: Defender of the Universe, was created in 1984. There exists an interview with the Executive Producer of Defender of the Universe, Peter Keefe, as well as other cast and crew on the production of how BeastKing became Voltron.(4)

After Voltron: Defender of the Universe, several other iterations bloomed forth - some in the form of comics, some as sequels, some as reboots. The first series to follow Defender of the Universe was Voltron: The Third Dimension, a CGI-based sequel released in 1998.

While not nearly was popular as its predecessor, it managed to stir up some legal conflict:

“Worse, the Japanese creators of Beast King GoLion — Toei Animation — began saber-rattling. Toei believed World Events had overstepped the boundaries of their 1984 agreement and made the CGI series without buying those explicit rights.

To quash this dispute once and for all, Koplar and crew purchased GoLion outright in 2000. Now they had the freedom to adapt at will. But nothing was in the works.”(7)

As of 2000, Koplar and World Events Productions (WEP) owned all the rights to Voltron. Talk of a live action movie has been in the works since 2005, but with little traction. In 2010, WEP licensed rights for the Voltron franchise to Classic Media (now DreamWorks Classics) (7). By 2011, the animated series Voltron Force was released.

In 2014 Lauren Montgomery and Joaquim Dos Santos approached DreamWorks Animation with the idea of producing a new Voltron show, with the license DreamWorks had recently come to own through their acquisition of Classics Media. In 2016, Voltron: Legendary Defender launched.

It’s worth noting World Events Productions licensed rights to produce Voltron content to DreamWorks Studios. They did not hand over the entire franchise to do with as they saw fit. DreamWorks only purchased the ability to play with the characters and the story in whatever capacity WEP believed would remain on-brand.

Amidst the protests and visceral reaction to the final season of Legendary Defender, many have felt confusion about where to direct their frustrations.

In another post, @crystal-rebellion theorized the symbolism in Season 7’s Episode 4 ‘The Feud’ was actually a very blatant representation of what was going on behind the scenes, and why. (2)

Since the most recent interview, statements from the Executive Producers as well as the host have confirmed this to be an accurate assessment of the situation.

Joaquim Dos Santos says it himself:

"This is not a vilifying of DreamWorks. Any exec we ever interacted with was like, 'Hey, we understand why you want to tell the story, we understand where you're coming from. It's a little bit bigger than that. There's other sort of controlling parties with Voltron, which makes it unique.’ It's not just a DreamWorks owned property, and I think it got logistically really really weird." (3)

Seven times, he specifically mentions the pushback didn’t come from DreamWorks, but from ‘other controlling parties.’ He alludes to some logistical weirdness, the implication being a difference in creative direction, or some dissention from higher up. In fact, the hosts and EPs discuss a controlling IP owner eight times in the course of one interview.

He also says, in regard to the issue of LGBTQ+ representation and Adam specifically:

“Here's where we arrived on this. And we were pointing to things like Overwatch. We were pointing to Steven Universe. They're different scenarios, we were in a slightly different position. We didn't have that position of being the creators of this IP. And we also weren't a video game that was marketed to teens and above. We for all intents and purposes were started as a show for boys like 6 to 11 to sell as many toys as possible. And that's just like a fact and that's business, and it is what it is.” (3)

DreamWorks is not a platform that markets ‘toys for boys’ (a talking point brought up no fewer than five times) - but World Events is. President Robert Koplar himself states his target demographic is boys and their dads in Episode 12 from the Let’s Voltron podcast not once, but twice. (5)

The EPs confirm as much with their recent statement in the March 4th ABTV Voltron interview(3) that the possibility of a male paladin’s replacement was greenlit until the IP holder learned the male paladin was to be replaced with Acxa, a woman. This kind of sexist hypocrisy goes as far back as 1984 with Allura being spanked in front of her own team in one episode(11) and tied to a chair by them to prevent her escape in another(11). The 2003 Devil’s Due comic shows Lotor, who looks to be no more than five, witness his mother’s murder via strangulation by his father (complete with an expression of horror on her dead face)(12). Lotor then suffers the same type of non-lethal strangulation in a scene where his father interrupts what the comic refers to as “recreation” with a scantily clad blonde resembling both Lotor’s mother and Allura in a different series(13). All of this takes place in a franchise whose target demographic has consistently been six to eleven year old boys and their fathers. Koplar’s company has made their hypocritical moral stance abundantly clear in Legendary Defender, even going so far as to order the destruction of the entire final season. According to Dos Santos:

“Specifically with Season 7 and 8 we basically held onto Season 7 so Season 8 was like done by the time S7 was dropping. We had like a month left when reaction for Season 7 started coming in, and that was day of the drop. We were in a weird position. To DreamWorks's credit, the tide started changing internally. They came back to us and said, okay we're open to explore this relationship between Adam and Shiro so we were in this weird position where we had all the animation done, we had $0.00 left in the budget in terms of like what we could do and it was like, all right, we know Adam's fate is what it is, do we do this and sort of like take this step knowing that we're going to take some flack? And we decided to do it so we revised the dialogue. You can probably see it in the animation. If you really pay attention it's like, it's literally our editor cutting out mouths and like puppeting different dialogue. The dialogue is pretty vague, it's sort of the best we could do, and that was a process of discussing what we could actually have them say.”(3)

Hold the phone. Taken in context, Dos Santos is explaining the process of DreamWorks giving the showrunners the green light to change the epilogue of Season 8 to give Shiro the unambiguously gay orientation they had written out of Season 7. The problem is, there is no dialogue in the epilogue. Even if we consider the epilogue to consist of everything from “one year later” onward, there is no dialogue for Shiro and another male character that would have to be reworked.

Here is what we think happened: Season 8 was finished in June. The IP owner hated it and ordered it changed at the beginning of July. Those changes included cutting a male/male romance. August came and the fandom melted down over Adam dying. Hoping to avoid a repeat of the Adam debacle, in mid-August DreamWorks came around and offered to let the showrunners put something into Season 8 for more gay representation. By this point the edits to Season 8 were almost complete, the budget was gone, and time was short, so they opted to give Shiro a wedding during the ending, in the epilogue. In an effort to brush off the clear edits to Season 8, Dos Santos mentions the lip movements during the interview but is confusing the making of the epilogue with the rest of the edits.

Indeed, it seems those edits resulted not only in the deaths of the series’ heroine and a childhood abuse victim, but also in the demolition of not just one but possibly two completed romantic arcs. When discussing Allura and Lance’s romance, Dos Santos and Emma Fyffe have this to say:

JDS: I could see the argument where it’s like, it's basic. It's what we've kindof come to expect from okay the guy sort of turned around and-- but I think Lance's arc aside from being with Allura was bigger than the Allura love story.

EF: And Lance's overall story arc I really enjoyed. But again, I think it's this whole idea that we were dealing with this IP that was like "okay, monster of the week, it was like dudes being in love with one hot girl and just macho men with fighting robots and whatever was happening with Pidge".

JDS: Right, yes, yes. (3)

The showrunner himself not only agrees Lance’s milquetoast romantic arc was due to pushback from the IP holder, in discussing the controversy surrounding the main characters’ sexual orientation, Dos Santos inadvertently reveals a major romance between two male paladins was cut.

EF: ...it is important to know that, again, you have this character who is very much your sort of quintessential, like, alpha male.

JDS: That-that was the trope that we were trying to, like, sort of step on was that, you know. I grew up with characters like Duke. To a much lesser degree, he’s a big, giant robot Optimus Prime. The idea of Optimus Prime being with another Optimus Prime was off the table. Like it was a no-go. (3)

If Allura and Lance’s IP-owner-influenced romantic arc is any indication, clearly two main paladins being together was fine. Dos Santos is referring to the inability to pair two male mains.

We don't know for sure, and won't until the original S8 is released. But, we have reasonable cause to believe Keith was intended to be gay and part of the romance that got tanked. When speaking about Keith’s sexuality Dos Santos says:

JDS: Because, I think we didn’t, we didn’t pair him with anybody, you know what I mean. I think we didn’t designate sort of where he stood. We don’t know. It’s-- It’s--

KC: We don’t know

JDS: Yeah, it-- It doesn’t really matter to be honest with you. I mean it would be great to confirm just to make people happy, but, like at the end of the day he is who he is, and leaving it open to interpretation. (3)

Do you hear that? “It would be great to confirm”. Not that it would be great if they could have done it, but if they could have confirmed it. It seems that JDS conceptualizes Keith as having an attraction to men, but he was forbidden from making that fact plain. Again, we have no concrete evidence of who Keith was slated to be with, just that the writers couldn't have two gay male paladins.

The wording of his statements is just clear enough to avoid dishonesty and just vague enough so as not to break contract. Even beyond NDAs, it’s not as if the Executive Producers can speak more directly to these points. We already have evidence of the IP owner’s character in the form of the Voltron Store’s Twitter presence outright lying about WEP and the store being separate entities:

(8) When only a few weeks earlier they had liked a tweet explicitly identifying them as one and the same, while confirming they have the final say over what can be done with the characters:

(1)

Before the fandom realized that WEP was behind the edits to S8 of VLD, the information that they owned the license was accepted fact. This excerpt from the Lets Voltron Podcast, Episode 134, is just one example:

(talking about a Voltron reference in Ready Player One)

Host 1: For those of you not in the know, if you think DreamWorks is the all in all for Voltron. Well, World Events Productions is the company that owns --

Host 2: The Voltron intellectual property.

Host 1: Many of you have heard of DreamWorks obviously. They make the show. Well, World Events Productions owns the property and has helped make this new show and all previous shows possible.

LV Podcast EP 134, 5:00-5:30 (6)

Now? Many official avenues are hastily attempting to downplay WEP’s involvement. When reached for comment in February 2019 the LV Podcast claimed that DreamWorks owned the licence.

The official phone number listed on WEP’s website no longer offers an option to connect a person to WEP, instead it offers three options: to directly input an extension, the accounting department, and The Voltron Store. (9)

In an effort to prevent fans from contacting them with complaints, WEP have inadvertently made their association with The Voltron Store explicit. Regardless of what the twitter account may claim, they are one and the same company. If these incidents weren’t damning enough, the store has further attempted to engage in a subtle smear campaign by liking tweets from users apologizing for harassment and death threats the store had received over Season 8, when all groups bringing the problems with its forced edits to WEP’s attention have specifically advocated for civil and nonviolent communication. (8)

As the story unfolds, one point is clear: Each new interview brings more information forth, repeatedly shining the spotlight on one little office in St. Louis.

WEP LLC is a private company. It has no shareholders, investors, or boards to answer to. It is the sole IP holder of the Voltron brand, and its President is the only person in the entire world who has final say over what can and cannot be done with the characters. When someone says “the IP holder” they are really talking about one man: Bob Koplar.

#TeamPurpleLion is a collective of analysts ( @crystal-rebellion, @dragonofyang, @felixazrael, @leakinghate, and @voltronisruiningmylife )intent on tracking down the who, what, where, how, and why of the destruction of VLDS8. We present sourced & cited commentary, relying on evidence so the VLD community can see what happened behind the scenes.

#Shiro #Keith #Lance #sheith #klance #VLD #voltron #Voltron legendary defender #FREEVLDS8 #WEP #World Events Productions #meta #Hate tries to Meta #fubob #TeamPurpleLion #crystal-rebellion #felixazrael #homophobia #Allura

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flipfundingstuff · 3 years

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What Is a Turnkey Business?

If you want to run your own business, you have basically 2 options: start your own or take over an existing company. Operating an existing small business, either through purchase, franchising, or inheritance, can take the pain out of many of the challenges new businesses face, like building a customer base or having data on seasonal sales patterns.

Of course, the business you buy may not be running at an optimal level. Before buying a business, you should understand how to scrutinize existing businesses and how to strategize and leverage the strong elements of a business toward more growth.

In researching how to buy businesses, you’ve probably come across the concept of a “turnkey business.” This refers to a type of business for sale that’s ready for a new owner right away. Read more to learn what’s involved with turnkey businesses, why you might want to buy one, and what you should look for when comparing your options.

Understanding Turnkey Businesses

A turnkey business is an existing business for sale that’s immediately ready for a new owner to operate after buying it. As the name suggests, all the new owner must do is turn the key to unlock the door, and the business will be opened under the new owner’s management.

To be considered a turnkey business, a company must be fully functional and operating at full capacity. This doesn’t necessarily mean the business is profitable, but it can’t be majorly hindered by problems like broken equipment or missing infrastructure.

Of course, not every turnkey business exists in a physical space like an office or strip mall, but all are ready to continue operations upon purchase. Examples could include a restaurant under new management or a laundromat looking for a new owner. In some cases, the new owner might not change anything—one day, the business was making money for its previous owner, and today it’s turning a profit for you.

In many cases, though, there’s a reason that a business is put up for sale. Sales could be flagging, the seller might not want to run a business anymore, or the seller might need cash. Additionally, you might sense that there are ways you could expand the business better than the previous owner.

What Are the Benefits of a Turnkey Business?

The most obvious benefit of a turnkey business is hinted at in the concept—the business already exists. Starting a business from scratch involves an immense amount of time, money, and energy. With a turnkey business, you’re paying for the fact that a good amount of the legwork has already been done. You might want to make changes, but regardless, you aren’t starting from a blank slate.

Alongside this, another advantage of a turnkey business is that the company’s proof of concept usually works. There could be issues with profitability, management, and sales, but you typically aren’t reinventing the wheel when you buy a turnkey business—most turnkey businesses are either running well in the moment or in the very recent past, or else you might have a plan about how you can make the company profitable.

A disadvantage to turnkey businesses, especially franchise situations, is that the business might already be locked into contracts and obligations that you aren’t interested in maintaining. However, if you buy the business, you’ll then be a party to these pre-existing agreements.

How Do You Find a Turnkey Business?

There are many ways to come across turnkey businesses for sale. One of the most popular methods is to approach the owner of a business that you’re interested in and make an offer. It’s also advised that you hire a business valuation expert to make sure the price is fair for all parties.

Purchasing a franchise location is another common way to buy turnkey businesses, although it’s also one that comes with some major restrictions imposed by a corporate entity—which is both an advantage and a disadvantage. Franchises are known among the small business crowd for their lower failure rate compared to small businesses overall.

You might also consider multi-level marketing (MLM) businesses, where you sign some agreements and pay for inventory—a type of turnkey business—but these types of companies remain controversial and have a shaky rate of success.

Like with all other forms of shopping, a very popular way to find turnkey businesses is to browse online. A quick Google search will pull up several platforms with businesses for sale in your city, state, or region. In this situation, all the due diligence is on you to make sure the purchase is worth the investment.

“Look at the existing infrastructure and make sure you understand everything that comes along with the purchase,” the Small Business Administration recommends. “Don’t be afraid to ask questions about contracts, leases, existing cash flow, and inventory. The more you know, the better equipped you’ll be to make a sound decision.”

How Do You Buy a Turnkey Business?

Turnkey businesses are usually expensive because they’re already mature. First, you must find a turnkey business that you’re interested in, believe would turn into an investment, and could manage well. You should consider what kind of business you would like to operate and then go about seeing if one is for sale.

When looking for a turnkey business, you should consider 3 key aspects: customer fulfillment, marketing, and sales ability. You should measure how well the company serves its customers so they’ll return with future business. Pay attention to how the company markets itself and how well its brand penetrates the marketplace. Finally, you should look at the sales ability of the company—how does it leverage its marketing toward actual sales?

Once you find a seller, you should hire a financial expert to do an appraisal so you get an accurate price for the company and its various assets, talent, customer networks, and other valuable elements. To make the sale, you will probably have to explore your funding options unless you have all the cash on hand. Online lending platforms like Lendio make finding loan options easy, so you can take your business to the next level.

The post What Is a Turnkey Business? appeared first on Lendio.

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#IFTTT #Blog – Lendio

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starmarketingz · 3 years

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How to Find a Business Opportunity

What exactly is a business opportunity?

To clear things up, we've devised a simple analogy. Remember when your teacher was explaining the difference between a rectangle and a square in elementary school? A square is a rectangle, but a rectangle isn't always a square. The same holds true for business opportunities, independent businesses for sale, and franchises. All franchises and independent businesses for sale are business opportunities, but not all business opportunities meet the definition of a franchise or are independent businesses for sale in the strictest sense. Making matters even more complicated, 26 states have passed legislation defining business opportunities and regulating their sales. These statutes are frequently so comprehensively written that they include franchises as well. Not every state that has enacted a business opportunity law defines the term in the same way.

However, the majority of them describe one using the following broad criteria: 1.A business opportunity entails the purchase or lease of any product, service, or equipment that will allow the purchaser-licensee to start a business. 2.The licensor or seller of a business opportunity promises to secure or help the customer in locating a suitable site or to deliver the goods to the purchaser-licensee. 3.The licensor-seller ensures a revenue higher than or equal to the amount paid for the product by the licensee-buyer when it is resold and that there is a market for the product or service. 4.The initial fee paid to the seller to begin the business opportunity should be between $400 and $1,000. 5.The licensor-seller agrees to buy back any goods bought by the licensee-buyer if it cannot be sold to the business's potential consumers. 6.The licensee-buyer will acquire any goods or services produced by the seller-licensor. 7.The licensor-seller of the business opportunity will provide the licensee-buyer with a sales or marketing campaign, which will often involve the use of a trade name or trademark. The sale of an independent company by its owner is often prohibited under the rules governing business opportunity enterprises. Rather, they are intended to cover the numerous sales of distributorships or companies that do not satisfy the criteria of a franchise under a 1979 FTC regulation. This legislation distinguishes three types of business offerings: package franchises, product franchises, and business opportunity ventures. Four characteristics must be present in order for a business opportunity endeavor to be classified as such under the FTC rule: 1.The person who purchases a business opportunity, also known as a licensee or franchisee, is required to distribute or sell products or services provided by the licenser or franchisor. 2.The licensor or franchisor must assist the licensee in obtaining a retail outlet or accounting for the products and services distributed or sold. 3.A financial transaction of at least $500 must occur between the two parties prior to or within six months after the licensee or franchisee begins the business endeavor. 4.All terms and conditions of the licensor-licensee relationship must be specified in writing. The selling of business prospects, as defined by the FTC regulation, is clearly distinct from the sale of an independent company. When it comes to the sale of a sole proprietorship, the buyer has no responsibilities to the seller. Following the completion of the sales transaction, the buyer may subscribe to any company operations system of his or her choice. The seller does not demand a continuing connection. Business opportunity ventures, like franchises, are companies in which the seller agrees to remain involved with the buyer indefinitely. Different Types of Business Opportunities The following are the FTC's definitions of the most prevalent kinds of business opportunity ventures: Distributorship. Refers to an independent agent who has entered into an agreement to offer and sell another's goods but is not permitted to use the manufacturer's trade name as part of its own. Depending on the terms of the agreement, the distributor may be restricted to selling just that company's products, or it may be allowed to promote a variety of product lines or services from other companies. Jobber on the rack. The sale of another company's goods via a rack distribution system at a variety of shops served by the rack jobber. Typically, the agent or buyer gets into an arrangement with the parent business to sell their products via strategically placed shop racks to different stores. The main business acquires a number of sites where the racks are rented on a short-term basis. It is the agent's responsibility to manage the inventory, move the goods around to attract customers, and handle the accounting. Routes for vending machines This is quite similar to rack jobbing. The investment is often higher for this kind of business opportunity endeavor since the businessperson must purchase both the equipment and the goods being sold, but the position is inverted in terms of the payment method. The vending machine operator must pay a percentage of sales to the site owner. The key to any route agreement is to acquire sites in high-traffic regions that are also as near to one another as feasible. If your locations are far apart, you will spend time and money commuting between them. In addition to the three kinds of business possibilities mentioned above, you should be aware of four others: Dealer. A dealer is similar to a distributor, however unlike a distributor, who may sell to a number of dealers, a dealer would often sell solely to a store or the customer. Licenses for trademarks and products. The licensee gets the right to utilize the seller's trade name as well as particular techniques, equipment, technology, or goods under this kind of agreement. The use of a trade name is entirely optional. Marketing via a network. This is a broad phrase that encompasses direct sales and multilevel marketing. You would sell goods as a network marketing agent via your own network of friends, neighbors, coworkers, and so on. In certain cases, you may be able to earn extra commissions by recruiting other agents. Cooperatives. This business is comparable to a licensee arrangement in which an established company, such as a hotel or hardware shop, may associate with a broader network of similar companies, typically only for the purpose of advertising and marketing via a shared name. How the Government Safeguards You The FTC Rule, which has been in force since late 1979, has had a wide-ranging influence on the franchise and business opportunity industries, as well as prospective franchisees and licensees. The regulation is intended to ensure that all potential purchasers of a franchise or business opportunity get a complete disclosure including all of the background information required to make an educated investment choice. Despite the FTC's ruling and strong state-level action, some merchants will attempt any way to avoid regulation. Neither the FTC rule nor state laws can ensure that you will not be a victim of fraud. As a result, you should pay particular attention to the FTC disclosure statement that is provided to you. Before signing a binding contract or paying money (or other compensation) to the vendor, every potential buyer of a business opportunity must obtain the FTC disclosure statement. The 10-business-day deadline is a bare minimum. If you haven't gotten an FTC disclosure paperwork, don't sign anything or pay any money, especially if it's said to be "refundable." If the vendor fails to provide you with a disclosure form, they are breaking federal law and may possibly be breaking state law. If the salesperson argues that his or her offering is exempt from FTC regulations, seek to obtain an opinion letter from counsel before proceeding. In addition, ask the salesperson for the phone number of the local state agency or FTC office that has informed them that they are exempt. There are very few business opportunity offers that are excluded. The only significant exceptions are those in which the entire initial payment during the first six months is less than $500, or when payment is provided solely for first goods sold at a genuine wholesale price. Business Opportunities vs. Franchises As a general rule, a franchisee receives greater assistance from the parent business, is permitted to utilize the trademarked name, and is subject to stricter supervision by the franchisor. Business prospects, on the other hand, don't get as much assistance from the parent business, aren't usually given the use of a trademarked brand, and aren't bound by the parent company's operating standards. As previously said, there are many types of business opportunity initiatives. Some are even turnkey organizations, much like many package-format franchises. These business possibilities provide everything you could possible need to get started. They assist you in choosing a site, give training, and provide license support.

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katznerlaw · 4 years

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Franchise and multilevel marketing (MLM) businesses offer people the chance to start a small business with a well-known, established brand. But the owners of these businesses face unique estate planning challenges because their rights and obligations are spelled out in contractual agreements: https://bit.ly/2GX5Hhj

#San Diego estate planning #NYC estate planning

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newyorkprelawland-blog · 4 years

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Is This A Scam? Multilevel Marketing And The Law

By Jordan Wappler, Fordham University Class of 2022

July 25, 2020

For many young adults, and even teenagers on social media platforms, it’s not uncommon to receive direct messages from people, sometimes acquaintances and sometimes strangers, inviting you to pay your way in and recruit others to “join their business team”. Although on first thought it might seem innocent, multilevel marketing, or network marketing, can be harmful and even break the law. Multilevel marketing happens when there is an emphasis on recruiting, rather than sales. Depending on the severity, multilevel marketing can sometimes be quite similar or even the same as Ponzi or Pyramid schemes. These schemes entice people with the financial reward for recruiting others, rather than receiving earning from the legitimate sale of products or services. People joining a multilevel marketing company are also often required to purchase an inventory of the product.

It is challenging to develop comprehensive legislation around multilevel marketing because the lines around illegal versus legal activity can be hazy. Most consumer protection-type legislation, including that which pertains to multilevel marketing, is made to be interpreted broadly so that it can include the variety of possible versions of any particular scam or scheme that are possible and provide the jurisdictional basis for monitoring or outlawing them (mlmLaw). There is a system of both federal and state statutes as part of the consumer protection umbrella that is anti-multilevel marketing, however there is not a specific federal anti-pyramid statute in the United States (MlmLaw). Regulatory agencies have made an effort to ban illegal multilevel marketing endeavors with the anti-pyramid, mail fraud, business opportunity, franchise, lottery and securities laws (MlmLaw). The majority of legal framework that is available around multilevel marketing has come from the Federal Trade Commission and Federal Courts (MlmLaw). For example, in the Federal Trade Commission’s (FTC) decision around Koscot, a cosmetic company that went out of business in the 1970’s, the company was determined to be a multilevel marketing business because the company had an unlawful compensation structure under section 5 of the FTC Act. This structure is “characterized by the payments by participants of money to the company in return for which they receive the right to sell a product and the right to receive in return for recruiting other participants into the program rewards which are unrelated to the sale of the product to ultimate users”, violating the FTC Act (ftc.gov). This is an example of how sometimes a multilevel marketing scheme can cross the line into becoming illegal because of how the product is sold and how participants are compensated.

However, following the Koscot case, case law undid the idea that self-consumption can determine if a multilevel marketing business is illegal (National Law Review). Amway, perhaps the best known and most successful example of multilevel marketing, was deemed after trial to be legal under the Koscot standard (National Law Review). A key fact was that, in the Amway model, legitimate end-consumers were sought and were delivered a functional, tangible product that enabled the participants to be compensated. However, a business model such as Amways, even if legal, still often takes advantage of participants with lies about the potential to get rich, when the majority signed up for the pyramid scheme actually lose money (The New York Times).

Specific multilevel marketing regulation can vary by state. Some states have laws which give a specific definition and regulation to multilevel marketing, while others lack such precision (mlmLaw). For example, Georgia State defines multilevel marketing as any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors at different levels wherein such participants may recruitother participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants (mlmLaw). Similarly, North Carolina defines a pyramid as“any program utilizing a pyramid or chain process by which a participant gives a valuable consideration for the opportunity to receive compensation or things of value in return for inducing other persons to become participants in the program” (mlmLaw). States that have more explicit regulation around multilevel marketing usually have laws that require such companies to allow their participants to be able to cancel agreements and repurchase inventories at no less than 90% of the transfer price, prohibit incentives where participants are told they will earn a specific sum, and prohibit purchase of a minimum inventory as well as operations where participants are only paid for recruiting others (uslegal).

With such a variety of state laws, participants are advised to learn more about the protections in their area and to carefully study the promoting company’s materials and policies before committing to a program or purchasing products. In the current challenging economy, it is likely these schemes will flourish as young graduates and others impacted by the recession seek new sources of income.

________________________________________________________________

https://www.mlmlaw.com/law-library/multilevel-marketing-primer-the-mlm-startup

https://www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing#:~:text=At%20the%20most%20basic%20level,other%20payments%20by%20its%20participants.

https://definitions.uslegal.com/m/multilevel-marketing/

https://www.ftc.gov/sites/default/files/documents/commission_decision_volumes/volume-86/ftc_volume_decision_86_july_-_december_1975pages_1106-1202.pdf

https://www.natlawreview.com/article/myths-about-self-consumption-mlms

https://www.nytimes.com/2015/09/15/opinion/joe-nocera-the-pyramid-scheme-problem.html

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rentahomeinmalaysia · 4 years

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Things you need to know about multi-level marketing

Network marketing or multi-level marketing or MLM is a sales scheme that enables a major multi-level marketing organization to market and sell its various products to consumers through the help of other people or what they call a relationship referral. Multi-level marketing is more of a hiring of other people to help them sell their products. Most entrepreneurs gained a lot from multi-level marketing because their main concern is their products and target sales.

The people who work in multilevel marketing are salespeople who do not receive a regular salary; They are often called distributors. These distributors can be franchise owners, associates, sales consultants, independent agents, business owners, and many others. These independent distributors established their group by building an active base of customers who purchase products from the leading multi-level marketing company or by recruiting qualified, independent prospective distributors who have a strong customer base. This is how the organization freedom and flexibility .

Since distributors are unpaid sellers, they can still make a profit by being a retailer of the products they sell. Usually they buy the product from the parent companies; these parent companies offer them wholesale prices. Now that is completely up to the distributor how much the product costs them so they can make their profit.

The only profit for a distributor of a multilevel marketing company is through commissions. Commissions can be based on sales effort or even the individual effort of the distributor and the downline they recruited. This arrangement is very similar to franchise agreements in which royalties are paid on sales made in the operations of an individual franchise. The commission given to distributors is based on the company's compensation plan. Many people receive royalties for the sales of an individual distributor.

Multi-level marketing encourages you to establish and manage your own product sales by recruiting, sourcing, motivating, and training potential distributors to sell the parent company's products or services. Another good thing about multi-level marketing is that you can set your hours and earn more through your skills and efforts to sell a product.

Always keep in mind that you won't make a quick profit in multi-level marketing. You have to learn the best wholesale and management responsibilities and of course make sales as well.

The only downside to multi-level marketing is that they are actually called a pyramid scheme. The pyramid scheme is like telling other people to invest their money and earn a lot. Today there are many fake multilevel marketing companies. If you really want to join the field of multi-level marketing, you should first check if the business is primarily focused on selling the products.

Always be careful with those pyramid schemes. They mainly focus on making quick profits by selling their rights so they can hire others. They don't care much about their services or merchandise. You may notice that they are not marketing their products well. Participants in the pyramid scheme would actually tend to recoup all their investments in the products by hiring large potential investors. Always learn the tactics of those in the pyramid scheme jobs to avoid being a victim as well.

Multi-level marketing is a great way to earn money. Just make sure you have the desire to sell your product and don't do the illegal job of hunting down big investors for big bucks. To be successful in multi-level marketing, you need to spend a small amount of money, but put in a lot of effort and you will reap the rewards later.

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franchisemaven · 5 years

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Advocare

youtube

It sounds like Advocare has changed the way they do business. If you've been working with them as an MLM for quite some time, now the times are changing with those folks.

I'd like to look into something different. I think franchising, maybe the way to go for you with your skill set and your background. Franchising is protected, unlike your MLM, which is not protected. If they decide to change their mind on how they're gonna do things, you are under a contractual agreement with the franchisor, so they cannot take away your business or how you do business.

You can get into something that's pretty darn similar to what you're doing right now with Advocare for about $50,000 or less. Protected territories, protected business, a franchisor that's going to help you grow. Your success is their success.

Give me a call if you're interested in learning more. I've got a few different ideas for you. (361) 772 6401.

via Blogger https://ift.tt/2XEr262

#Franchise #Buy Franchise #Franchise Consultant

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elizabethcariasa · 6 years

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Market America Pyramid Scheme Lawsuit

In May 2017, Market America was hit with a class action lawsuit in federal court in California by plaintiffs Chuanjie Yang and Ollie Lan. The lawsuit calls MarketAmerica a pyramid scheme that is taking advantage of Chinese American immigrants.

MarketAmerica is a multi-level marketing company that has a number or product lines including Isotonix supplements, Motives cosmetics, and others. It also uses what it calls a “product brokerage concept,” which is essentially a massive affiliate program which pays a small amount of cash back to the the distributor when purchases are made at certain retailers while on the shop.com website. (This sounds just like Shop to Earn, a defunct MLM that screamed pyramid scheme.)

Per the lawsuit, Market America requires a start-up fee of $399 and an ongoing monthly fee of $129. Distributors must also spend $100 to $300 per month on shop.com to continue to qualify as an enrollee, and other fees are incurred to attend training and events.

It’s interesting because Market America calls itself an un-franchise, and touts the following benefits of not being a franchise:

However, unlike a franchise, there are no franchise fees, monthly royalties, territorial restrictions, little to no risks and minimal startup expenses.

The monthly fees and required purchases may not technically be a monthly royalty, but it sounds awfully similar!

Among other things, the lawsuit says:

The company claims anyone can have financial success if they follow a two-year bluprint

MarketAmerica targets immigrant from China, hoping that they will sell products to their relatives in China

Over 90% of distributors in Market America lose money

MarketAmerica has a complicated system in which you create a full cycle (two complete pyramids) and an then re-enter each pyramid as a downline

You can pay a large fee to become a Master Unfranchise Owner, which is nothing but a fee for a speculative change to earn another source of income

Market America encourages inventory loading

Little money is made from retail sales. Money comes from distributors paying fees to MarketAmerica, meaning the distributors “… are primarily feeding off each other.”

Market America is trying to get the case transferred to federal court in North Carolina (where the company is based). At the same time, the company has filed suit in North Carolina to compel arbitration, as the distributor agreement signed by the plaintiffs includes an arbitration clause. The plaintiffs assert that the arbitration clause was not part of the terms of the agreement, and that it was a condition that they did not agree to.

Also interesting: In some filings made by Market America, reference is made to agreements and documents executed or signed by Yang and Lan. They are disputing the authenticity, suggesting they did may not have been the people who signed up on line or the people who signed documents.

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mayarosa47 · 7 years

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Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Generally speaking, buying a business is less risky than starting your own, largely because the business you’re buying already has incoming profits. However, there are still drawbacks, and it is important to buy a business in a field you are already very familiar with. Finding such a business can be difficult though, and there are people to help you.

Do You Need a Business Broker in Utah to Buy a Business?

A business broker can be an efficient way to find a business that would be good for you to buy. Brokers are well-versed in the business market and know effective strategies for pre-screening businesses, helping you pinpoint your interests, negotiating, and assisting with paperwork.

Do You Need a Business Attorney When Buying a Business in Utah?

Regardless of whether or not you hire a broker to find a business, it is always smart to put together an acquisition team consisting of at least you accountant, and a business attorney in Utah. If you already have found a business to buy, you don’t need a broker to help you.

You really do need a business attorney on your side to make sure that you engage in due diligence. You also need to make sure that you have the right type of business purchase and sale agreement. This contract can save you from making huge mistakes. One of the provisions that you ought to have in your contract is a due diligence period. This period of time to evaluate the business is essential to avoid making a huge mistake. Look over the actual bank statements with your accountant and attorney. This step alone can save you hundreds of thousands if not millions of dollars in the long run.

Your attorney and accountant need to be your team. This team of trusted advisers functions as your transition team and will help you make the best decisions in regards to the purchasing of the business you want to own and perhaps even help operate.

What is Due Diligence in Buying a Business in Utah?

Before you decide to buy, however, make sure you and your accountant and business lawyer evaluate the value of the business and engage in due diligence. We have a practice of reviewing all bank account statements as well as financial reports to make sure that there is no fraud or cooking of the books. Cooking the books means that the business owner or his book keeper falsified information to get you to pay a higher price for the business. To determine whether this has happened, we need to go through these items and review their current and potential effects on the business:

● Inventory ● Furniture, fixtures, equipment and building ● Copies of all contracts and legal documents ● Incorporation ● Tax returns for the past five years ● Financial statements for the past five years ● Sales records ● Complete list of liabilities ● All accounts receivable ● All accounts payable ● Debt disclosure ● Merchandise returns ● Customer patterns ● Marketing strategies ● Advertising costs ● Price checks ● Industry and market history ● Location and market area ● Reputation of the business ● Seller-customer ties ● Inflated salaries ● List of current employees and organizational chart ● OSHA requirements ● Insurance ● Product liability

Once you have determined the credibility and value of the business to be favorable, a sale price and terms of sale must be negotiated with the seller. This is another situation where your acquisition team is invaluable. Price is a very hard element to pin down and, therefore, it is for the buyer to assess. You and your acquisition team can come to a fair price using various methods, some of which include multipliers, book values, EBITA, and returns on investment.

EBITA means Earnings before interest, taxes, and amortization. This is a way to value a business’ earnings before the deduction of interest, taxes and amortization expenses. It is a financial indicator used widely as a measure of efficiency and profitability. We like to use this value, but there are other values to use when negotiaing a price. The seller obviously wants the highest price possible and the buyer wants the lowest.

Highest Price or Best Terms?

When we represent buyers, we negotiate the lowest price and terms based on our client’s best interests and when we represent the seller, we work to secure the seller’s interest and get the highest amount possible depending on the seller’s goals.

You need to figure out what you are trying to accomplish when purchasing a business. What is your end game or end plan? Do you want to have it as a passive investment where you are hands off or do you want to operate the business and manage it? This will also go into the calculation of a business.

Besides price, do not forget the important element of terms. Some business can be partially or wholly financed through the company itself. This is an option that we, as you business lawyers, can help you with.

Negotiating the actual sale can be difficult because both you and the seller are often coming from very different points of view. It is important to make sure the deal is structured well so the effects of these differences can be minimized. You should always have an attorney review any arrangements for legality and liability issues. Your attorney and acquisition team can also help you negotiate the best method for the deal to proceed.

Mergers and Acquisitions Lawyer in Utah

You should always have a lawyer help you in doing a merger or acquisition. Your business lawyer will have some horror stories to tell you about how things can go wrong. We can tell you that you really need to get an attorney on your side to avoid costly mistakes and a lawsuit later. We could tell you many stories because not only do we close business deals, but we also draft contract and go to court and litigate when someone doesn’t do what they are required to do pursuant to the terms of the contract.

Being careful and taking time for things to settle and work smoothly will assist the process of the business changing hands. Do not be too anxious. Your team will help you, and with patience, thoroughness, and diligence you can buy a business with minimal issue and stress. Above all, as your business attorneys we will make sure that you are protected and you know what you are getting into. When your eyes are opened and you seek both the risks and the rewards and you decide go for it – you’re in the best position possible.

Conclusion

For more information on getting a Utah business lawyer on your side to help you buy a business, sell a company, close a deal, do a merger or an acquisition, please give us a call for your free initial consultation. We have represented both buyers and sellers of corporations both fortune 500 companies as well as small businesses in every sector. So whether you have a new start up to sell or you’re looking to franchise, the information and legal answers you need are on the other end of the line. Calling the Utah Business Lawyer that is right for you is the next step.

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

from http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/business-lawyer-for-buying-a-business-in-utah

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michaeljames1221 · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

from Michael Anderson http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2017/05/18/business-lawyer-for-buying-a-business-in-utah/

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asafeatherwould · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

Source: http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

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lilynikki · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

from Michael Anderson http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjorda.tumblr.com/post/160806796096

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ladonnasoto · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

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lewispascual · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

Source: http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

0 notes

advertphoto · 7 years

Text

Business Lawyer for Buying a Business in Utah

mergers and acquisistions lawyer in utah

Business Lawyer in Salt Lake City Utah

Do You Need a Business Broker in Utah to Buy a Business?

youtube

Do You Need a Business Attorney When Buying a Business in Utah?

What is Due Diligence in Buying a Business in Utah?

Highest Price or Best Terms?

Mergers and Acquisitions Lawyer in Utah

Conclusion

Call (801) 876-5875 today for your free initial consultation.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 876-5875

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Information

Business Legal Program For Your Company

Business Lawyer in West Jordan Utah

Utah Business Law Report

What Areas of Business Law Does Your Firm Do?

Firm Overview

Contract Lawyers in Utah

Business Law Overview with Outside Corporate Counsel

MLM Lawyer in Utah

Home Page

Source: http://www.ascentlawfirm.com/business-lawyer-for-buying-a-business-in-utah/

0 notes