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Contract sign with different company

Corona, CA |

i want to know if i have to sign any contract or format available for my online business.
i m starting informative website about discounts from various companies which is useful for pharmacies,medical related fileds and others. do i need to get something in writing from these various companies befoe i put their name on my website? any legal format or ready made contract available? i will be charging these companies small fees to advertise their offers.
please advise
please advise.

Attorney Answers 3


  1. No, there's no "format" or "legal format or ready-made contract" available for something like this.
    As is true with most legal issues, each client and their matter is unique, and each requires special attention.

    You need a business lawyer with IP familiarity (or an IP lawyer with a business practice) in order to do this right. There are copyright, trademark and unfair competition issues, and you need well-drafted terms of use, a privacy policy, a minor's policy, a DCMA takedown policy, a HIPAA policy, and appropriate disclosures and disclaimers. You'll also have concerns that all new startups have, such as entity formation, choosing a viable and available domain name/trademark, employee, customer, and advertiser contracts, business liability insurance, etc. etc.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. If you intend to charge the various companies a "small fee" to advertise their offers; then, you will definetly need a written agreement signed by the company. No company will owe you money unles they agree to pay you money in exchange for your marketing efforts on their behalf.


  3. For one thing, be careful you are not publishing any confidential information, trade secrets, etc. Secondly, consider issues of “nominative fair use.” It is a defense to trademark infringement. You can use another’s trademark to describe your product/service (the fan site) or to compare it to your product or service on the following conditions:
    1. The product or service can not be readily identified without using the trademark,
    2. The user only uses so much of the mark as is necessary for the identification: the words but not the font or symbol (aka the minimum necessary test),
    3. The user does nothing to suggest sponsorship or endorsement by the trademark holder.
    See New Kids on the Block v. News Am. Publ’g, Inc., 971 F.2d 302 (9th Cir. 1992); Toyota Motor Sales, U.S.A., Inc., v. Farzad Tabari, 610 F.3d 1171 (9th Cir. July 8, 2010) see attached case decision.
    This is getting complicated, as you see. Consult an attorney to avoid major headaches down the road.

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