I have a situation where I had a website set up for goods and products. I no longer have the bulk of them but can get the order and send to other retailers. Some of the retailers are hard to get a hold of or won't do any sort of affiliate commission. Is it legal to set up something where I charge a small fee like 2.5% to me pay me and then refer them to the company?
There doesn't sound like there would be a trademark or copyright issue. It doesn't sound like you are describing a patentable subject. If you were "booking" talent you might be required to follow laws in your state for agents and managers, but that's not what you describe. Local laws might govern operating a business and you'd need to pay taxes on your earnings.
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is no an attorney client relationship created simply by correspondence or communication with the author of this site.
If they are willing to pay it and you are transparent about what it is for, etc. then I see no issue with that. As noted, things like talent management among others may fall under a regulatory landscape that you will need to consider, but otherwise it should not be an issue.
If you need clarification or help drafting your terms, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Legal, LLC on the basis of this posting.
Why not just take the orders, order from others, fill the orders and charge a fair mark up? Means more work for you, but also more revenue. 10 to 20% seems reasonable, depending on how much time it takes... Regardless, operating any business involves liabilities, and best to be an LLC or Inc. to protect personal assets from business dealings. Insurance is also good to have. State licensing may be needed for some businesses. Legal review is always good.
Peace be with you, and may love guide you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline