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Fortunately for both consumers and those in the franchising industry, 2007 arguably brought about the largest liberalization of this sector since the “Opening Up” reforms of 1979. That being said, however, foreign franchisers have, in the past, seen their share of successes and failures, many of whom have ‘stuck it out’ throughout China’s market changes to become a consumer household name, such as McDonald’s, KFC and Pizza Hut.

I. Development of the franchise market in China

In 1997, China’s Ministry of Internal Trade promulgated the Administration of Commercial Franchise Procedures (Trial Implementation and hereinafter “Franchise Procedures”) representing the first set of regulations directed at specifically addressing issues pertaining to the franchise sector. The Franchise Procedures introduced two types of franchises: i) direct franchising and ii) sub-franchising. The Franchise Procedures provided for the basic structure of current franchising laws, which requires the disclosure of material information to prospective franchisees and includes the following: basic information about the franchiser; operational results of the franchiser; financial results of its franchise outlets; fees and payment obligations; and, terms and conditions for goods and services provided to franchisees. The Franchise Procedures also established the quasi-governmental China Chain Store and Franchise Association (“CCFA”). (Note that the Franchise Procedures were interpreted as not being applicable to cross-border franchise operations.)

In 2004, as part of China’s accession into the World Trade Organization (WTO) and commitment to the principles therein, the Ministry of Commerce issued the Measures for the Administration of Franchise Operations (“Franchise Measures”) effective February 1st, 2005. The Franchise Measures were promulgated shortly after the Measures on the Administration of Foreign Investment in the Commercial Sector, which liberalized foreign investment in the retail and wholesale distribution industry. Unlike the Franchise Procedures, the Franchise Measures not only permit foreign investment in the franchising sector but also contain an entire chapter drafted exclusively for this purpose.

Much like the Franchise Procedures, the Franchise Measures focused largely on franchiser disclosure, but also included the “two-plus-one” requirement, which mandated franchisers to operate two company-owned stores in China prior to commencing franchising activities. Obviously, this has prevented many start-up franchisers from immediately commencing operations in China and was a disincentive for market entry. Moreover, the promulgation of the Franchise Measures and the requirement that all franchising operations be conducted only by PRC entities has effectively removed the alternative measures being used by foreign franchisers for many years, including licensing arrangements and international franchising agreements.

There have, however, been recent modifications to the franchising framework with the promulgation of a number of new laws in 2007 which will be further discussed below.

II. Current Legal Framework and Franchising Structures in China

In May of 2007, MOFCOM replaced the Franchise Measures (2005) with the Regulations on the Administration of Commercial Franchises (“Franchise Regulations”). The Franchise Regulations, together with the MOFCOM-issued Administrative Measures for the Information Disclosure of Commercial Franchises (“Information Disclosure Measures”) and the Administrative Measures for Archival Filing of Commercial Franchises (“Archival Filing Measures”) currently govern franchising structures in China and set out the following requirements:

1. Definition and Applicability Scope of Commercial Franchises

Article 2 of the Franchise Regulations states that the regulations are applicable to all investors engaged in commercial franchise operations in China

“Commercial Franchise” is defined in the Franchise Regulations as “business activities whereby a franchiser, through execution of agreements, allows a franchisee to use operational resources, such as a trademark, logo, patent, know-how and others which are owned by the franchisor [refers to legal (not natural) persons], and the franchisee conducts business under the unified business model in accordance with the provisions of the contract and pays franchise fees to the franchiser.

2. Qualifications and the Two-Plus-One Rule

Franchisers must own a well-developed business model, and be capable of providing continued operational management, technical support, business training and other services to the franchisee. Additionally, franchisers must own at least two company-owned stores for a period of at least one year . Noticeably missing is the phrase “in China”, which allows for new foreign entrants to immediately commence franchising activities in China.

3. Filing Requirements

Within fifteen days from executing the first franchise agreement, the franchiser must file with MOFCOM , specifically i) if the franchising activities take place within a single province, autonomous region or municipality under the central government (Beijing, Shanghai, and other major cities), then with the MOFCOM of that province, autonomous region or municipality under the central government; or ii) if franchising activities take place in more than one province, autonomous region or municipality, then at the national level MOFCOM.

Thereafter, the relevant MOFCOM will have ten days to properly file all completed filings , and publish them on its website. However, it is necessary to note that the franchiser must, within 30 days of any change potentially impacting the filing, apply for an alteration of its filings.

Franchisers must file the following:

1. Basic information about the commercial franchise;

2. Distribution information of franchised stores in China;

3. Franchiser’s Commercial Prospectus;

4. Copy of business license or enterprise registration;

5. Copies of certificates of trademarks, patents and other business resources related to franchise activities;

6. Sample franchise agreement;

7. Franchise operational manuals;

8. Marketing plan;

9. Written undertaking evidencing franchiser’s complies with the Qualifications and the Two-Plus-One Rule;

10. Certificate evidencing compliance with the Two-Plus-One rule, issued by the city level in China and, for franchisers using space outside of China, business certificates translated, notarized and authenticated by the Chinese embassy; and,

11. Other documents as required.

Completed filings may be canceled in the event of any of the following occurrences:

1. Franchiser’s business license was canceled by the competent registration authority because of illegal operations;

2. MOFCOM receives a court order regarding the cancellation of the filing due to illegal operations of the franchiser;

3. Franchiser was discovered to have failed to disclose material information or provided false information; and,

4. Franchiser itself cancels the filing.

4. Disclosure of Information.

The following materials must be provided to the prospective franchisee a minimum of thirty days prior to the signing of the Franchise Agreement :

1. Basic information on the franchiser and franchise activities:

a. Franchiser’s name, address, contacts, legal representative, general manager, registered capital, scope of business, and the number of regular chains including their addresses and phone numbers;

b. A brief introduction to the commercial franchise activities of the franchiser;

c. Basic information on the archival filing of the franchiser;

d. If the franchiser’s associated company provides products and services to the franchisee, the associated company’s basic information must also be disclosed; and,

e. Information on any bankruptcy and/or application for bankruptcy of the franchiser or of its associated company in the preceding five years.

2. Basic information on the business resources of the franchiser

a. Information available on registered trademarks, company logos, patents, proprietary technologies, and business methods, etc;

b. If the owner of any of the above-mentioned business resources is the associated company of the franchiser, then the basic information of the associated company must also be disclosed (the franchiser is also required to explain how to manage the franchise system upon termination fo the license contract); and,

c. Information on the business resources of the franchiser (or its associated company) in relation to litigation or arbitration.

3. Basic information on franchise expenses:

a. If the type, amount, criteria and payment method of fees collected by the franchiser or on behalf of a third party cannot be disclosed, then the franchiser must explain the reason for the non-disclosure; if the fee collection standards are inconsistent, then the franchiser is required to disclose both the maximum and minimum standards, and explain the reason thereto;

b. The collection thereof, return conditions, return time, and return on investment; and,

c. If the franchisee is required to pay a fee before the Franchise Agreement is concluded, then the franchiser must explain in writing the use of the fee and the conditions and method of return.

4. Information on the prices and conditions of the products, services and equipment provided to the franchisee.

a. Whether the franchisee must purchase products, services or equipment from the franchiser (or its associated company), including the prices and conditions thereof;

b. Whether the franchisee must purchase products, services or equipment from the suppliers appointed or approved by the franchiser; and,

c. Whether the franchisee has the discretion to choose its own suppliers and the standards for the selection of its suppliers.

5. Information on the continuous provision of services to the franchisee.

a. Detailed content, manner of provision and implementation plans for professional training, including the training location, approach and duration; and,

b. Details regarding technical support and a catalog of the operation manual of the franchise including the number of pages therein.

6. Methods and content of guidance and supervision over the franchise activities of the franchisee:

a. The franchiser’s methods and content of guidance and supervision over the franchise activities of the franchisee, the franchisees obligations and consequences for failing to fulfill them.

b. Whether the franchiser is jointly liable with the franchisee for complaints by and compensation to consumers, and how to share such liability.

7. Information on the investment budget of the franchise:

a. The expenditure for the investment budget may include the following: initial fee; training fee; real estate and decoration fee, procurement fee for equipment, office supplies, furniture, etc; initial inventory; water, electricity and gas fees; fees needed to obtain licenses and other governmental approvals; and working capital; and,

b. The statistical source and estimation basis for the above-mentioned fees.

8. Information on franchisees within China:

a. Information on the present and estimated number of franchisees, geographical distribution, scope of license, and as to whether or not they are subject to an exclusive regional license (if so, details of the scope thereof must also be explained)

b. Information on the evaluation of the performance of the franchisee, the actual or estimated average sales volume, costs, gross and net profits of the franchisee, the source of the above-mentioned information duration of and franchise networks involved (if the information is speculative, then the franchiser shall explain the basis for its speculation, and specify that the actual performance of the franchisee may differ from its speculation.

9. Abstracts of the franchiser’s financial and accounting reports and of the audit reports in the last two years audited by the accounting or auditing firms.

10. Information on any major litigation or arbitration involving any franchises of the franchiser in the last five years.

a. Major litigation or arbitration refers to litigation and arbitration involving litigation fees of more than RMB 500, 000; and,

b. Basic information as to the location of the litigation or arbitration and the judgment or award must also be disclosed.

11. Information on any record of major illegal operations of the franchiser and its legal representative.

a. Where either the franchiser or its legal representative has been imposed with a fine, by the competent administrative law enforcement authorities, exceeding not less than 300, 000 but more than 500, 000; and,

b. Where the franchiser and its legal representative have been subject to criminal penalization.

12. Franchise Contract

a. Sample franchise contract; and

b. If the franchiser requires its franchisee to sign with the franchiser (or its associated company), other franchise contracts (sample contract shall be provided at the time of contracting).

Note that where the franchiser is found to have concealed or provided false information, the franchisee may rescind the Franchise Agreement.

5. Franchise Agreement

Although franchise contracts are in practice comprehensive and lengthy, the Franchise Regulations require certain clauses be provided in the relevant franchise agreement:

1. basic information on the franchiser and franchisee;

2. content and term of the franchise;

3. types, amounts and payments of franchise fees;

4. specific content and manner of provision of operational guidance, business training, technical and other services to franchisee;

5. quality standards, quality control measures for the provision of products and services by franchise operations;

6. promotions and advertisements of products and services of franchise operations;

7. arrangements for consumer rights, and assignment of liability in franchise operations;

8. amendment, rescission and termination of the franchise agreement;

9. liability for breach;

10. dispute resolution; and

11. other matters as agreed upon between the franchiser and franchisee .

The Franchise Regulations also require the contract contain a clause setting out the time period during which the franchisee may rescind the agreement (post- execution of the contract) . Unless otherwise specified, the initial term of the contract must not be less than two years. Further, where deposits or other fees are required prior to execution of the franchising agreement, provisions for the use and refund of the same must be expressly stated therein. Advertising and promotional fees collected by the franchiser must be used specifically for such stated purposes and accounting thereof should be provided to the franchisee within a timely basis.

The franchiser is required to report annually, by March 31, the status of each franchise agreement.

6. International/Cross-Border Franchising

International or cross-border franchisers must file, in accordance with the Archival Filing Measures.

7. Penalties

Penalties for the violation of the Regulations are as follows:

1. Failure to meet Qualifications (see Item 2): confiscation of illegal income, and fine of RMB 100,000 to RMB 500,000;

2. Franchising by individuals (natural person): confiscation of illegal income, and fine of RMB 100,000 to RMB 500,000;

3. Failure to complete Filing Requirements: order time limit for rectification and fine of RMB 10,000 to RMB 50,000, and where franchiser fails to file within the time limit a fine of RMB 50,000 to RMB 100,000 and public announcement; and,

4. Failure to provide Franchise Agreement thirty days prior to the signing or failure to disclose or concealing information relevant to the franchisee: fine of RMB 10,000 to RMB 50,000, or where serious RMB 50,000 to RMB 100,000 and public announcement thereof.

5. ‘Grandfathering’ Provisions

Companies already conducting franchising activities have one year to file according to the Franchise Regulation.

III. Conclusion

China represents a tremendous opportunity for international franchise operations. Although there are numerous challenges and complexities in establishment and operations, the recent legal changes have largely liberalized the franchising market for foreign investors. In combination with the current rates of economic growth, the timing is ideal for foreign franchisers to explore opportunities in the Chinese market.

For further information, please contact:

Gregory Sy
Vice-chair, International Practice Group
Tel: 86-10-6517-1188
Email: gregsy@grandall.com.cn

Currie Lee
Foreign Counsel
Email: currielee@grandall.com.cn

Gregory M. Sy is Foreign Counsel with Grandall Legal Group. His practice includes general corporate/commercial work in China, particularly in the areas of international corporate structuring and transactions. Representative clients include the Consulate of the United States of America in China (Shenyang), Embassy of Brazil, various publicly listed companies (NYSE, AIM, DAX, BSE), along with numerous other SME’s operating in a wide range of industries. Mr. Sy obtained an LL.B. from the University of Victoria (Canada), and is admitted to the New York bar. Gregory publishes extensively on a variety of China legal issues for international and local publications, and has recently acted as chief editor for Martindale’s China Law Digest and regularly contributed to Lexis-Nexis.

Author: Gregory Sy
Article Source: EzineArticles.com
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Help is there when you need it

Questions are an important part of learning any craft, and Marketing on line is no different. If you can not get your questions answered correctly, then your quest for success will go nowhere. Help in the ever changing world of Internet Marketing must be ongoing and consistent. The Keyword Crash Couse uses their very active forum to fulfill part of this need. Communication using the forum will help you to realize from other members exactly what works and does not. It is this type of interactive support that can make all the difference between success and failure, and the Keyword Crash course knows this. In fact, even Mark and Courtney admit, that even though they are experts in their field, you can still learn new tactics and improve your results with the help and advice from other fellow marketers.

Continuing Future education is key

The only thing constant in this world is change, and in Internet marketing this is even more true. Cyberspace can be one of the most dynamic and ever changing environments that you could ever work in. If you plan on being in business next week, next month, or in the years to come, you must learn to adapt to these changes and adopt them into your campaigns. No one single method will ever carry you as far as the ability to change with the seasons on line. This is the reason that Mark and Court use the ongoing membership solution for their course model. By way of this continual and adaptable format, they are able to keep you up to date on the newest and most successful techniques of making money on the Internet without wasting your time on ineffective single approaches to marketing that are outdated or no longer productive.

You can now try out their priceless course for only $1! Others paid $600 (this author included) for the same material they are now offering for $1 for the first month . Of course, they expect that you’ll love the course and community so much that you’ll continue your subscription for $33 a month. Even this is price is a bargain for the wealth of information and services you receive.

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Article Source: EzineArticles.com
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Wrong.

It turns out that someone pretty important to your internet marketing success does look at those title tags: That someone is the search engine that’s crawling around, deciding who should get top placement for your keywords.

Title tags are, of course, only one of the factors. But they’re such an important factor that it shocks me when I see that many of the folks being paid top dollar to produce “Search engine optimized” web sites for customers aren’t using them properly.

But then, the world is full of self-appointed experts who don’t really know what they’re doing. One of my new clients told me she had just paid someone to optimize her site and that he assured her that it took 3 or 4 months to see results.

What nonsense! I’ve seen sites get results in 3 or 4 days! (My own, when I started using common sense methods.)

If you write and maintain your own site, you know what your title tags say – or if you’ve even written any. If you’ve paid someone to produce your site, go look at it as soon as you finish reading this article.

Every page should have a title that includes your keywords and gives a clue about what your visitor will find on that page. Yep – every page needs its own title.

If you’ll look around, you’ll find a lot of sites that have only the name of the business in the title – and it doesn’t change from page to page. They aren’t giving the search engines any help at all! Remember, when you help the search engines, they help you right back!

Your title can be about 65 spaces long – so you do have room for a few well-chosen words. Yes, they should make sense, but don’t have to be written in a complete sentence.

Think of it as a headline. Because it is. When your potential customers view search results, they’ll see that title in the results. It needs to reach out and grab them, and cause them to choose your listing to click.

What is the first thing you want a potential customer to know about you? What one or two things will stop them and cause them to think “My search is over, this is the one I need?”
Think about how your title can separate your listing from all the annoying, highly optimized directory sites that only offer to let you search some more. How can you show those searchers that their search is over because they’ve found you?

Your title tag carries enough importance that it is worth your time to really consider what it will say. Should your name be included? Only if your name alone will cause searchers to click. It’s usually more important to talk about your product or service and show a primary benefit.

Sit down with pencil and paper and think of a few dozen possibilities – just the way a copywriter does when coming up with a headline. Then choose the best idea and refine it. You might have success in a few minutes – but more likely you should plan to spend an hour or more.

Lastly, make absolutely sure that whatever you promised in that title is delivered on that page. I’m sure you’ll agree that there are few things on the internet as annoying as searching for something, thinking you’ve found it, and being taken to a page that bears no resemblance to what you’re looking for.

Marte Cliff is a Freelance Copywriter who specializes in making people feel good about buying products or services – or donating to worthy causes.

She has extensive experience in writing search engine optimized web copy, direct sales letters, postcards, space ad copy, press releases, and more. She is also available for marketing plan creation and editing services.

You can visit her at http://www.marte-cliff.com . While you’re there, sign up for her marketing ezine. When you do, you’ll also get access to reports that will help you get better results from your own writing.

Author: Marte Cliff
Article Source: EzineArticles.com

How Many Types Of Affiliate Marketing Programs Do You Know?

Affiliate marketing programs have never been as popular before as they are today. Why? There can be a number of reasons. The most probable reason, however, could be the fact that the benefits of affiliate marketing have become clearer to a lot of people now than they were before.

Today, both the merchants and the affiliates can see clearly that affiliate marketing can work for both of them. The merchant sees affiliate marketing today as the chance to advertise their products at a lower cost. The affiliates, on the other hand, sees affiliate marketing as an easy way of earning profits online by doing what they like most, and that is by creating websites.

Just as the popularity of affiliate marketing has shifted into greater heights, so has the people’s outlook about it changed. No longer is affiliate marketing considered today as an alternative method for the merchant to advertise his products, or as a source of additional income for the affiliates. For merchants and affiliates alike, affiliate marketing is now considered as a main source of profits and revenues.

So the question now is what type of affiliate marketing will work best for you? Are all affiliate marketing programs the same? Are the benefits the same? Or are there affiliate marketing programs that work better than the others?

There are actually different types or classes of affiliate marketing, and the number of types will depend on how one will classify them. The most basic affiliate marketing programs, however, falls under two categories: pay-per-click (PPC), and pay-per-performance (PPP).

* Pay Per Click (PPC)

PPC is the most popular type of affiliate marketing for affiliates with small websites, and probably the easiest way for them to earn money. In this affiliate marketing type, the merchant pays his affiliate whenever a visitor is referred to his site, that is whenever someone clicks through the merchant’s banner or text ads. The affiliate gets paid a certain amount even if the visitor he referred does not purchase anything from the merchant’s site. However, typical fees for PPC affiliate programs are small, usually not exceeding a dollar for every click.

* Pay Per Performance (PPP)

PPP affiliate marketing is the most popular among merchant and is also the most lucrative type for the affiliates. In this type of affiliate program, the merchant only pays the affiliate whenever his referral translates into an action–that is whenever the visitor he has referred actually buys something from the merchant’s site or when the visitor becomes a lead. This means a lot of savings for the merchant. On the other hand, it becomes the most lucrative type for the dedicated affiliate, for commissions in PPP affiliate marketing usually comes in the range of 15% to 20% of the actual product sales.

Pay-per-performance affiliate marketing can be further classified into two popular types: pay-per-sales (PPS) and pay-per-lead (PPL).

* Pay Per Sale (PPS)

In a pay-per-sale type of affiliate marketing, the merchants pay the affiliate a certain fee whenever the visitor he has referred to the merchant’s site actually buys something from the merchant’s site. Affiliates are often paid on commission basis, although other merchants would opt to pay a fixed fee. But no matter what the basis of the fee is, it is generally higher than the fee paid to affiliates in a pay-per-click affiliate program.

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* Pay Per Lead (PPL)

The pay-per-lead type of affiliate marketing is a slight variation of the PPS type and is often used by insurance and finance companies and other companies who rely on leads for their company to grow. In this type of affiliate marketing, the affiliate is paid whenever the visitor he referred to the merchant’s site fills up an application form or any similar form related to the business of the company. Compensation for this type of affiliate marketing is based on a fixed fee whose rates approximate that of the fixed fee in the PPS type.

Apart from these three specific types of affiliate marketing, a lot of other affiliate marketing types exist. If the classification is based on the depth of the affiliate network, it can be classified as single-tier, two-tier, and multi-tier affiliate marketing. There is also another type of affiliate marketing that pays the affiliate each time the customer he has referred purchases something from the merchant’s site.

* Single-Tier, Two-Tier, and Multi-Tier Affiliate Marketing

These types of affiliate marketing are based on the different levels or tiers in the affiliate network by which payments are made. In a single-tier affiliate marketing program, the affiliates are only paid based on the direct sales or traffic he has referred to the merchant. All the previously mentioned affiliate marketing types (i.e. PPS, PPL, and PPC) fall under the single-tier classification.

* In two-tier affiliate marketing programs, the affiliate is not only paid for the direct traffic or sales that he refers to the merchant’s site, but also on every traffic or sales referred by various other affiliates who joined the affiliate program through his recommendation. Multi-tier affiliate marketing works the same way, although the affiliate gets additional commission for a wider number of affiliates in different tiers in the affiliate network.

* Residual Income Affiliate Marketing

In residual income affiliate marketing, the affiliate gets paid not only once for every customer he has referred to the merchant’s site. Rather, the affiliate is also paid whenever the customer he has referred returns to the site and purchase another product. Compensation for such type of affiliate marketing is based on either sales percentage commission or fixed fee basis.

The different affiliate marketing types would virtually work differently for merchants and affiliates alike, and each would generally have their own list of benefits. Which type of affiliate marketing will work best for you? It is not really for me to tell. Rather, it is for you to choose which type of affiliate marketing program will suit your needs and characteristics best.

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O.K. you have read the article. Now is the time for action. Without action, this article adds no value whatsoever to your affiliate success. But remember, without action, you cannot blame this affiliate marketing article or any article for that matter. So, take action NOW.

Even if only one piece of advice, one piece of information, one tip makes a difference, then the whole article has been worth it for all of us.

NOW is the time!

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