Monday, April 1, 2013

Documenting Partnerships in Your Business Plan

Forging partnerships to improve market penetration has become commonplace, particularly for "new economy" businesses. And, most companies proudly mention their many partnerships in their business plans.

The fact is that, regardless of whom the partnership is with, partnerships by themselves are meaningless. What are meaningful are the terms of the partnership. For instance, while it sounds great to have a partnership with a Fortune 500 company, the details of the partnership are what investors find important. For instance, investors will look poorly upon a partnership in which the Fortune 500 company earns 90% commissions on customers it refers. On the other hand, investors would look favorably upon a more equitable partnership.

As such, be sure to detail the specifics of the partnerships. This includes factors such as how the partnership will work, payment terms, contract length, minimum and/or maximum guarantees, the type of customer leads expected from each partner, timing of payments, etc. In addition, if partnerships are a key part of the business plan, expect prudent investors to interview the partners and scrutinize partnership contracts.

Partnerships can be a major factor in the success of growing companies, providing leads, sales, capital and/or other critical benefits. However, ventures should be careful not to place too much emphasis on any one partner in their business plan. Partnership agreements, like other legal agreements, can be breached, and if the venture positions any one partner as critical to its success, this will become a risk factor to investors.

Overall, partners can provide a great boost to growing ventures. Business plans should not only discuss who the partners are, but detail the terms of the partnerships and how they will benefit the company. Finally, the business plan must not place too much emphasis on any one partner in order to convince investors that the business is capable of success even without it.

Smart Phone Software and Hardware Patents Could Change the Dynamic of the Industry

As the smart phone market gets smoldering hot a Famous American company says that it appears that a Taiwanese company that manufactures smart phone handsets may have borrowed or closely copied some of their patents. The plaintiff denies it of course, and we shall see in the future if any of these claims of imitation stick. Nevertheless, both smart phone makers are in a significantly tough market for world-wide Smart Cell Phone sales. Yes, even here in the US.

These lawsuits are quite serious, well at least the charges by the American Company appear to be, and it's interesting that this company chose the Taiwanese based company to go after, instead of the a US based firm which makes the software. If the American Company wins such a case this might cause the Taiwan manufacturer to no longer offer their top smart phone models that compete directly with the American Company, which really do look and feel like an the American high-tech smart phone handset to most of the personal tech reviewers (based on all the YouTube reviews), and Taiwan company has a number of new handsets which are about to be marketed in the USA. Does this mean the American Company is trying to preempt this introduction?

The question is does the Taiwan company's touch sense like technology really violate the American Company's patents? The American Firm thinks so, and it's highly prolific spokesperson has gone out of his way to make light of it, demanding healthy competition to continue, but for companies to compete, using their own technology without stealing it from the American Firm. If all this sounds like a bunch of fighting words, well in a way they are, I suppose. If the Taiwan company's newest products come to the US it will most likely be sold in conjunction with a certain carrier's 3G wireless program. And there are nearly 102 new clone types on their way in the near future in 2010.

Some have speculated that a popular US based software for smart phones had trouble working with a certain Taiwan smart phone, and the software had trouble negotiating the registry. If so, did the Taiwanese firm borrow something from the American firms OS, or is the American firm angry that the Taiwan models at the upper end look, feel, operate the same (or very similarly) and thus, are basically clones? The battle lines in the smart phone space appear to be headed to court, the US International Patent Court for starters.

Some contend that the American Firm is suing the Taiwan company, because the clones, which are running another US Firms's software and by filing against the Taiwan company it will prevent a clash of the titans between two of the largest market cap tech companies in the world. If the American Firm is successful this could help hold their latest handset technology's price point, thus, helping yet, another US enterprise's smart phone which sells for $199 as well. Nevertheless, the world is about to be flooded with smart phones in 2010, and not just from the Taiwan firm.

The American Company has noted extremely large share price increases, at a time when it is about to come out with its flat reader product, so, Wall Street Analysts are giving the American Firm the benefit of the doubt that it can keep this game running forward far into the future, indeed, their current stock prices have obliged thus far. This could be one of the largest patent challenges of all time between East and West, so we shall see.

Note: This article author did not use the actual names of any company in this article due to censorship strategies used by the article submission site, to protect themselves from liability as the are practicing "defensive" rules to prevent problems. But suffice it to say, with a little bit of searching of the news and all the other legitimate article sites, you will quickly figure out which companies are involved. You can easily find this information in any main-stream newspaper, or tech magazine such as;

The Wall Street Journal New York Times Washington Post CNET NBC ABC CNBC MSNBC Wired Fast Company Bloomberg Business Week Forbes

Why Other Flooring Just Can't Compete With Laminate

Tough to beat in every way, laminate flooring is here to stay. Laminate Flooring is a multi-layered wood based floating floor system. Attractive, versatile and extremely durable, these floor coverings can be installed over almost any existing flooring fairly easily. The host of popular finish options allows you to pick the perfect looking floor to suit your style and furnishings in each and every room of your house.

Laminates have become increasingly popular over recent years for so many reasons. Not least of all because not only do they look good but laminates are resistant to stains, fading, scratches and moisture. They are extremely easy to clean as well which is wonderful for families and busy people (and aren't we all!). Dirty dog paws and kids spilled milkshakes won't even raise and eyebrow as it's just a simple matter of wiping it off.

Laminate is a very economical flooring option as not only is it much cheaper to buy than most floors but over the long term its durability and the fact that it needs almost no maintenance makes it a sensible choice as far as money is concerned. In fact they are so durable that many laminate flooring manufacturers offer warranty protection against them for a long period of time (usually up to 25 years or more).

Laminates are also more hygienic and clean than most other floors and are wonderful for people with allergies. It accumulates less dust, pet fur and allergens.

As if that all wasn't enough, laminate flooring is easy to install and many people can choose to do it themselves thereby reducing the costs even further. These floor coverings can be installed over almost any existing flooring easily and look great. Laminate floors are a tongue and groove interlocking flooring system that allows an easy installation. The floor is simply laid over the top of an existing substrate. The substrate is a flat hard surface like concrete slab, sheet vinyl flooring, plywood, hardwood flooring, etc. that supports the floating laminated floor.

It is no wonder that Laminate Floors have become so incredibly popular!

Pressure Washing Companies and Co-Branding

Pressure washing companies often miss what we call 'super niche' markets, those industries which very much need pressure washing services and are willing to pay top dollar for them. One such industry is the signage business. For a pressure washing company with no relatives or friends in that industry it is hard to break in and get work there, however if you con-brand with an existing company you may find yourself with more work than you can handle and able to bill at very high rates

Having been in the pressure washing industry some 25 plus years, we had always found that hooking up with a local sign company gave us instant credibility in the region and an expanded customer base of new clientele. Must of the new clientele once there cleaning signs had much more to wash also. For instance one time we went to clean a large sign for a sign company at a Lumber Company. Once there the owner was pleased and read the side of the work truck which we had also traded out in services for washing the sign company's service trucks. The Lumber Company owner had us busy for two-days washing and waxing all his delivery trucks, forklifts, concrete and common area.

Below please find a letter that you can use and modify to fit your own business. Use this technique to alert local sign companies of your ability and willingness to work with them. Think about this and as always; Wash On !

- - - - - - - - - - - - - - - - - - - - -

Dear Signage Contractor,

We know you have a tough job maintaining signs for clients. Our pressure washing company's industrial division specializes in cleaning signs. We would like to help you and make some money. We're looking for a win/win situation. We work in two ways:

You give us a list of clients (contact names) of your customers who might be interested in monthly sign washing. In return we will wash your work trucks for free every other week. (Yes, tire dressing too!)

You set up accounts for maintenance of signs, do all the billing and we do the actual sign cleaning while you work on mechanical and emergency calls. We bill you monthly for our washing.

No matter which way you choose, if we work with you, we will only work exclusively with you in your area. No other signage companies. We will also contact many store owners directly to clean their signs. If these stores need new signs or mechanical repairs of old signs, we will refer this work to you.

Sounds good? We thought you would like it. There is a bonus. We already have accounts to clean wheel chairs at hospitals, real estate agents cars, truck fleets, shopping carts at COSTCO, concrete for local property managers, etc. In other words, we know everyone. By giving you leads for new possible clients we can help you. Information sharing, networking, strategic partnerships, whatever you want to call it, it works! We are in it to win it! If you want to join (company name here) "110% Team" call us. If not the dust is free and we'll even give you a paper plate. (No plastic fork. You can make a taco.)

If you don't do this, one of your competitors will. That I can personally guarantee.

Thank you in advance,

Name

Owner/Operator

The Perfect Business Entity For Passive Investors

Business entities are some of the most misunderstood legal tools on the market. Many people just form them because it is something you are supposed to do. In truth, the various entities are designed for specific purposes. Let's consider a common scenario.

You've come up with the greatest business idea since sliced bread. The only problem is you need some capital to get the business off the ground. You've found a few investors who are willing to pony up some money so long as they are not put in a position of risk. Now what?

This happens all of the time. The passive investors are usually friends and family members. They are willing to help out, but remember some of the more "interesting" events of your youth and don't want to risk their homes and so on. Is there any particular way to go about meeting the goal of getting your funding without putting them at risk? Of course.

Our magic entity is known as the limited partnership. To understand the value of this entity, we first have to step back and discuss the concept of a general partnership.

A general partnership is a business venture undertaken by two or more people for a profit so long as no other business entity, a corporation or limited liability company, has been designated as the official business. A general partnership may exist even if the two parties don't put anything in writing. The classic scenario of two kids selling lemonade in the front yard is an example of a partnership.

The advantages of the general partnership are two fold. First, they are not formal entities. You can pretty much do everything orally and not run afoul of any laws regulating how a business entity should work. Second, you can pass the tax liability directly down to your personal taxes, which lets you avoid double taxation issues that arise with other entities.

The downside to a general partnership, however, is found in the liability area. Basically, a general partnership provides you with none. If the business gets sued, your home, car, bank account and so on are all on the line. This represents a huge risk and is one of the reasons a general partnership is frowned upon by most people when it comes to selecting business entities.

A limited partnership takes the best aspects of the general partnership and mixes them with a dash of the advantage of incorporating. It works like this. There is a general partner. That partner then sells limited partnership interests. People who buy the interests cannot participate in the running of the partnership. The can only collect profits when the general partner decides to do distributions. In exchange for this passivity, the limited partnership can only lose their investment in the limited partnership and nothing else. In short, they get the same protection afforded a shareholder in a corporation.

So, why is our limited partnership such a magic entity? Well, go back to our initial scenario. We have passive investors who are willing to pony up money, but do not want to put their personal assets at risk. If you form a limited partnership, this can be accomplished by having them by limited partnership interests. You get the money and the only risk they face is the loss of the money they paid for the interest.

Eliminating the "Luck" Factor

A Corner Pin's Game Of Luck - Part 1

"I just wasn't lucky today." "They got lucky on that one." "They are the luckiest bowler I have ever seen!" These statements and others like them are what I hear on a consistent basis while I am bowling my weekly leagues. Human beings need justification for events. When something happens that cannot be explained, an explanation is given whether it is correct or not. Sometimes these explanations include vague ideas to give a name for the occurrence.

I tend to believe that people claim "luck" is involved when they cannot explain something that happens to another person. This is true in many aspects of the world, but I am speaking mostly about the world of bowling and the "luck" factor. Whenever someone leaves a corner pin or other single pin they blame bad luck. If their opponent or even teammate scores higher or gets an unusual strike, they claim they just got lucky. If you are an avid bowler, or even a recreational participant then you know exactly what I am talking about.

Fortunately there is not a cosmic occurrence such as luck that is to blame for the good and bad breaks someone may receive. There is no karmic entity that wishes you to bowl good or bad. Sorry to all of you who rub your teammate's bald head or wear the "lucky" socks, but this probably only has an effect on your mental game and not the lane play or pin action.

There is one simple explanation for everything that happens on a bowling lane. Physics! Everything involves geometry, momentum, energy, friction and other components of physics. The particular issue I wish to discuss today involves the pin action someone may receive. Pin action is a combination of entry angle and transference of energy. The most important factor I would like to cover is the angle of entry.

Angle Of Entry

The strike angle is very important to consistently score high. The ball must impact the pocket at the proper angle for consistent strikes. A proper angle primarily assures that the pins knock each other down like dominoes. This angle also promotes proper deflection off the 1 pin to allow the bowling ball to take out the 3, 5 and 9 pins (as long as the necessary velocity has been achieved, that is where transference of energy comes in).

This angle varies according to lane conditions, personal style and ball velocity; but it is an angle. This is why coaches encourage a physical game that puts rotational spin on the ball, creating hook potential. This hook in the back end enables the ball to hit the pin triangle at an angle.

As you can see in this diagram, if a bowler were to achieve this angle by bowling a straight game, he or she would have to line up two lanes away.

Conventional wisdom suggests using the second arrow strike method. This technique involves following the second arrow track (10th board) down the lane to the back end, then hooking in 7 1/2 boards to the strike pocket. A 1 o'clock to 10 o'clock release imparts enough hook potential under average lane conditions to realize this 7 1/2 board hook on a dry back end.

To use this method, the average athlete would lineup with their slide foot lined up on the 20th board. Then at the release point they lay the ball down on the 14th board, and it crosses over the second arrow and begins to hook in the mid-lane where the lane has not been oiled, or has less oil. The sideways rotation of the ball will cause it to hook towards the pins and roll into the 1, 3 pin pocket. If all factors - physical game, lane conditions, ball speed and ball coverstock - are properly matched the results would be a strike and appear as below:

Now this result does not always happen. Just because you may think the ball connects with the pins in the perfect pocket spot, it may not have. Sometimes the angle is off and the ball can be just an inch too far left or right, and when it hits the pocket it changes the trajectory of the pins and the result is a 10 pin. Similar results are shown below:

In this instance, the reaction of the ball was a little bit too weak and the ball connected into the pocket a fraction too much to the right. You can see it connects to the right of the 1 pin and almost head on with the 3 pin. When this happens the 3 pin or even the ball will connect with the 6 pin and you can witness the 6 pin lay down in the gutter (considered the "flat 10" result), or you can see it fly past the 10 pin, hit the wall and rebound back without knocking the pin down (considered the "wrap 10" result).

There are many combination of this phenomenon that people consider to be "unlucky" and all of them are explained by an issue with one of the factors of bowling. Possibly the lane conditions are too "slick" and there is too much oil on the lane for the bowling ball to react enough, or vice versa. Perhaps the velocity of the ball was too slow and the ball did not impart enough energy to direct the pins in the correct way to knock another one down.

This concludes part 1, in part 2 I will go into detail about the other "single pin" phenomenons!


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