What are the basic requirements of click-wrap consent?
Click-wrap consent refers to a manner in which software users agree to an end-user license agreement (EULA); for example, when downloading an app or browsing on a website. Software suppliers want to ensure that their EULA is enforceable against the end-user. In order to give a EULA the best chance at being enforceable against the […]
What are SLAs?
Service Level Agreements (SLAs) are agreements between a service provider and a client (usually found in a SaaS Agreement or Master Services Agreement) that outline the expected performance metrics and levels of service to be provided. SLAs typically specify measurable performance targets for the services provided, such as: Often, SLAs include “service level credits” as […]
What is a source code escrow, and should I ever agree to one?
A source code escrow is an arrangement where the source code of a software application is held by a third-party escrow agent. The primary purpose of a source code escrow is to protect the interests of the customer (licensee) in the event that certain conditions occur, such as the developer going out of business or […]
When should I consider registering a copyright?
Copyright protection automatically applies when you create an original work of authorship fixed in a tangible medium (e.g., written, recorded, or otherwise documented). However, registration is not required for copyright protection to exist. While copyright exists upon creation, registration provides additional legal benefits, such as the ability to bring a lawsuit in the case of […]
What concerns do I need to think about when licensing trademarks?
Whether it’s allowing sales partners to use your brand name to resell products, allowing franchisees to use your name with their business, or participating in joint offerings with commercial partners, there are many scenarios where you may end up licensing your trademark to a third-party. However, there are a number of important considerations when allowing […]
What are some concerns with using celebrity and social media endorsers for my product?
While celebrity endorsements can provide significant marketing benefits, there are several concerns businesses should consider before using them for their products. First and foremost, the Federal Trade Commission (FTC) requires brands to disclose “material connections” with their endorsers. These disclosures must be “clear and conspicuous.” Generally, a material connection is a relationship with an endorser […]
What are some pitfalls when entering into reseller and revenue share agreements?
One common way to increase sales and brand awareness for new software and other tech companies is to utilize resellers. Resellers will leverage their network to sell your product, and in exchange you will pay them a commission (usually in the form of a revenue share). However, some resellers offer more favorable terms than others […]
What is a Founder Assignment and why do I need it?
A Founder Assignment is an essential agreement for protecting your company’s intellectual property (IP) and ensuring that ownership rights are clearly defined. Here’s why you need them:
Why is it important to confirm my company’s domains are registered in my company’s name?
A common issue that comes up in financings, M&A, and IPO diligence is where an individual employee of a company, rather than the company itself, is the record-owner of the company’s domain name. This often occurs where a founder may have purchased a domain on his or her own account before actually forming the company, […]
Should my company go public or stay private?
Silicon Valley has long debated the merits of staying private for longer. The debate continues under current market conditions, as unicorns continue to raise giant sums of capital in the private markets. Some companies are disregarding their IPO window, even where there would be healthy public investor demand due to their ability to generate liquidity […]