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Blaine Hewitt

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office professional plus 2010 retail keys serial number product for microsoft

started by Blaine Hewitt on 01 May 12
  • Blaine Hewitt
     
    Franchising can be a relatively modern distribution channel that allows foreign brand owners to exercise an important degree of control above the manner and mode in which their products or services are offered and sold to consumers. It ensures efficient and rapid trans-border market penetration to your Franchiser, an opportunity to take its brand beyond boundaries with minimum capital investment and risks.

    The bottomline is, a franchise is a business model premised on a license granted by one entity (the 'Franchiser') even to another (the 'franchisee') permitting use/exploitation in the Franchiser's intangible assets such as brand/trade name, business product and concept, image, marketing techniques and other intellectual property for the purpose of making sales or providing services in the defined geographic location in substitution for a sum of profit.

    India does not have a consolidated legislation unsafe effects of franchising, although private sector bodies are generally lobbying for enactment of franchise specific legislation. Some key laws which often impact franchising in India are the Indian Contract Act, 1872, the others Act, 2002, the Trademarks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970, the Consumer Cover Act, 1986, the Currency trading Management Act, 2000, labour and taxation laws.

    Great need of a Quality Franchise Deal

    'Quality' in any agreement, regardless of its theme, is, inter alia, seminal for mitigation or avoidance of disputes between contracting parties. 'Quality' of an agreement may very well be assessed on numerous variables including: clarity in purpose, holistic/loophole free character; unambiguous provisions/terms/conditions with no scope for contradiction; types of presentation; and most fundamental enforceability.

    A 'franchise agreement' is a contract between the Franchiser along with the franchisee which defines their own relationship and inter ze rights and obligations.

    'Quality' assumes even more significance in a franchise arrangement due to the inherent commercial and operational complexities obtained in such arrangements. A quality franchise deal must effectuate the underlying symbiotic relationship relating to the Franchiser and the franchisee.

    Good quality franchise agreement must make certain clear, unambiguous and water tight coverage of all vital issues, such as, roles and obligations in the parties, confidentiality and intelligent property protection; payment terminology and taxes; duration, renewal and termination; agency troubles; post termination issues; poor covenants; governing law and jurisdiction (especially with international franchise arrangements).

    A good franchising agreement should in addition ensure that quality control mechanisms do not flout India's competition laws. For instance, in certain situations a provision obliging a franchisee to help source products exclusively from the Franchiser or any other specified entity may very well be regarded as anti-competitive and in contravention of the provisions of the Competition Act, 2002.

    The natural way, the importance of a reputable franchise agreement for a Franchiser and a franchisee differs considerably since discussed below.

    The Franchiser's Perspective:

    The benefit of a quality franchise agreement to get a Franchiser cannot be burdened enough. Of paramount importance for the Franchiser is protection associated with its brand, image, popularity, know-how, business concept and some other intellectual property rights as well as limiting exposure to probable risks and liabilities caused by the franchisee's conduct.

    It can be vital that the franchise agreement is carefully drafted to make sure that clarity on duties and services of the franchisee including in the areas of investment and infrastructure, adherence to specific operating guidelines to take care of uniformity, reporting requirements, quality maintenance; annual market transmission targets; financial returns which include royalty and fee charge, etc. office-professional-plus-2010-retail-keys , product-keys-for-microsoft-office-2010-professional-plus, key-office-2010-professional-plus

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