Online press release, social networking sites and blogs are the foundation of online PR. It is important to understand the difference between a traditional and an online press release. According to experts, a traditional one is defined as an announcement of newsworthy item that is issued on the press. In fact, the purpose of a traditional one is to get media coverage. This type of press release has a very short shelf life of only a few days, and it is only made available through media like fax or email.

While on the flip side of the coin, an online one is the one that is written for a variety of net users available on the web and it is distributed online. Online press release have all the elements of a traditional one but are often written less formally. They are written in different style and they include elements like links, images, video and Search Engine Optimization which is a way of marketing, so your website shows upon high on the list of websites when some one types words or phrases that are related to your website.

An online press release is issued not just to the press but also to the various blogger, prospective customers and to other websites. It is written for many audiences including directly to potential customers. In fact, an online press release is indexed by search engines where people can find and read it even after a long time. An online one usually comprises of the following elements like links to related web pages, images and other files embedded or attached to the website.

There are videos, PDF documents, audio files or podcast available on the World Wide Web. Social bookmarking tools like Delicious, Dig or stumbled upon are also available. Various RSS feeds, essentially a subscription model is also available, so that people can easily get updates and know when there is new information released. Strategic Linking and a logo or picture of a product highlighted in release can help distribution and exposure considerably.

After making the first news, the cycle begins again. In other words, one you have marketed your press release, it is important to find a new topic. It always helps to create an editorial schedule so that the marketing strategy produces continuous and consistent results, where online releases outshine other marketing strategies to get you noticed on the overcrowded internet.

It will also propel your website to the top level on the search engine so that a large number of net users will be able to find news about your website. The internet is very dynamic and by the time you are reading this, some of the data would be outdated. Therefore, it is important to install new tools like releasing news that is essential for marketing a communication tool online. The tools are also used for facilitating, measuring and participating in communication on the internet. The press release can be used to help write, promote and develop PR campaigns on the World Wide Web.

E-commerce web sites in today’s world can not thrive on the income they generate from their own site. A successful web site must utilize the various shopping web sites on the internet such as Shop.com, Amazon, Biz Rate, Biz Buyer, Price Graber, Froogle, etc..

Web sites like Amazon, Nextag, Yahoo! Shopping, etc. are some of the most profitable web sites on the internet. What most people do not know is that they personally do not sell any products, they are made up of thousands of smaller merchants like you. They spend millions of dollars advertising their web sites, and driving traffic to their merchants all potentially for your benefit.

There are two main ways you can benefit from this opportunity. Individual product uploads and product feeds.

After you get approved for an account you will be faced with the daunting task of getting all of your products to them in the exact format they require. Unfortunately if it is not perfect they will kick it back to you. Assuming you have more then a few products, the product feed will be your only real options. Uploading 1 or 2 products is pretty easy, however for some of my clients with thousands of products the feed is the best and only choice.

A product feed is basically an excel spreadsheet listing all of the products and every attribute of the product that you wish included. Some of the information needed are pricing, description, product url, picture url, size, color, etc.. Each shopping site below has it’s own format , Amazon being the most in-depth, and the most potential profit. We represent clients currently earning over $100,000 per month alone on Amazon.

Some of the shopping sites we create product feeds for are:

Amazon:

Amazon.com is one of the branded global leaders in e-commerce. Acting as much as a marketplace as a shopping comparison site, Amazon offers pricing on everything from books, music, sports equipment, beauty supplies and jewelry. Amazon often sends product catalog feeds to other shopping destination sites for maximum reach of products to shoppers and works with thousands of merchants to provide a very diverse product catalog offering from which shoppers can choose.

Become.com:

Become.com is the only vertical shopping search engine that offers an integrated product research and comparison shopping experience in one destination. This unique site helps people make ideal buying decisions by providing consumers comprehensive, unbiased, and relevant product reviews and information on millions of products, and the ability to shop for those products from brand name retailers from across the web. Its proprietary AIR (Affinity Index Ranking) technology is built using contextual analysis that incorporates human intelligence to deliver targeted results. Provides comprehensive, relevant, and unbiased research information to help you choose the right product. Become.com provides a comparison shopping service to help the shopper get the best deal on hundreds of merchant storefront sites. Finding the right product at the best price to save you time and money is their goal. A relatively new shopping comparison site, they are well funded and are growing.

BizRate:

Bizrate is now Shopzilla but still acts as a stand alone shopping destination site. Bizrate was one the first shopping comparison sites and today is one of the largest, fastest and most accurate shopping search engines on the Internet. Bizrate has an index of over 30 million product offerings from more than 50,000 merchants large and small. Bizrate will send product catalog feeds to other shopping destination sites for maximum reach of products to shoppers.

Buyer’s Edge:

Buyer’s Edge a leading Comparison Shopping Search Engine was designed and developed by a team of Consumer Product experts that specialize in consumer buying behavior. Millions of online shoppers visit Buyers Edge monthly for unbiased product reviews, price comparisons, merchant ratings, and buying advice. BuyersEdge.com drives targeted and qualified sales leads to merchants, while simultaneously promoting their products and building brand awareness.

Commission Junction:

Commission Junction, a ValueClick company, is a leader in performance-based online marketing, delivering advanced solutions that facilitate strategic online relationships between advertisers and publishers, driving measurable results for each client. By publishing performance metrics on advertisers, publishers, and ads within its marketplace and leveraging its own expertise in online marketing through service, education and promotion, Commission Junction creates an open marketplace of low risk and high reward for its clients. The company serves billions of impressions monthly, ranking it among the largest ad networks in the world. Publishers place ads and links directly in and around their content and earn commissions. Online advertisers extend their reach, build their brand, drive sales and lower customer acquisition costs all on a pay-for-performance basis. The company earns revenue on a per-transaction and subscription-fee basis.

Googlebase/Froogle:

FREE service, for now, this is a destination site that every merchant should be on as it allows the existing online retailer and first time retailer to access a gigantic marketplace of shoppers. Froogle supplies the power of Google’s search technology to a very specific task: locating stores that sell the item shoppers want to find and pointing them directly to the place where shoppers can make a purchase.

GrabCart:

GrabCart is a professional and reputable company leading in it’s field of pay-per-sale marketing channel. GrabCart’s innovative online system is concrete, simple and truly cost-effective. There are NO hidden fees, NO setup costs and NO listing fees. GrabCart will only be paid a small commission after successfully establishing a sale for the merchant. GrabCart frees the merchants from unnecessary fees by guaranteeing the merchants gain before GrabCart gains. To that end, GrabCart strives to promote and increase the rate of sales for merchants.

mySimon:

A CNet owned company, mySimon is a robust and sophisticated shopping destination site that features shopping comparison and research of products and services. When the shopper clicks on a recommended product, the shopper is redirected to the site selling the product. mySimon researches thousands of product categories and millions of products and then identifies those merchants selling the product allowing the shopper to compare product offerings before making a purchase from an online merchant.

NexTag:

NexTag.com is the leading comparison shopping site for products, financial services, travel, automobiles, real estate, education and more. At the core of NexTag.com is its proprietary Search And Match technology that enables shoppers to quickly compare prices and find the best deals on millions of products and services. For thousands of merchants, service providers and individuals, NexTag is an extremely efficient sales channel with its highly qualified traffic and performance-based pricing. More than 10 million shoppers per month use NexTag.com to research, compare, and buy products and services online.

PriceFish.com:

Pricefish, Inc is the creator of Pricefish.com, an innovative online comparison-shopping search engine and information delivery tool, which assists online shoppers to easily find, compare and purchase items from a variety of online merchants. Pricefish.com streamlines the process of comparing product features and finding the best overall price, for millions of products in a number of different categories, from a list of customer-rated merchants. Shoppers can find products in many different categories, including: Electronics, Photography, Home and Garden, Apparel, Jewelry, Health and Beauty, and many more. Pricefish.com incorporates unique multi-media features, useful content and a wide range of product categories, all designed to achieve the ultimate shopping experience for both consumers and merchants. Pricefish, Pricefish.com, and FishClips are all trademarks of Pricefish, Inc.

PriceGrabber:

Millions of consumers use PriceGrabber to quickly obtain free and unbiased information about products, services, merchants and sellers before making a purchase decision. PriceGrabber has established itself as the most trusted and effective online destination for savvy shopping. Shoppers can instantly find and compare millions of unique products and services contained in 22 channels, such as Apparel, Autos, Babies & Kids, Books & Magazines, Cell Phones, Plans, & Accessories, Computers, Home & Garden, Photography and Travel. The website also offers shoppers the ability to view and compare over thousands of merchants and sellers and their respective pricing information for products and services, thereby enabling users to ultimately find the right product from the right merchant at the best price.

PriceRunner:

PriceRunner is an internationally acclaimed comparison shopping engine that provides consumers with easy access to comprehensive buying information on a wide variety of products. Ranked #1 in the US by PC World Magazine in 2005 as “best overall comparison shopping engine” and recommended by Good Housekeeping Magazine. PriceRunner aggregates product details, user and expert product reviews, retailer ratings, as well as the best available prices in one convenient location. PriceRunner distinguishes itself from other comparison shopping engines by including prices from both online and offline retailers providing consumers with the broadest price comparisons and always lists the lowest price first. PriceRunner’s goal is to provide consumers with the ability to make an informed and confident buying decision. PriceRunner is a ValueClick, Inc. company.

PriceShaker:

One of the newest and most cost-effective advertising tools available today. PriceShaker.com’s lowest CPC rates in the industry combined with a vast amount of top rated merchants make it one of a kind. Focusing on consumer electronics and appliances, PriceShaker.com is not only a shopping comparison site, but it is equally a product comparison site as well as a retailer comparison site. In addition to shaking the internet for the best prices, PriceShaker.com provides users with unique ways to compare products side by side right down to their specific details as well as having a combination of customer reviews and an objective rating system- helping users choose the right retailer to purchase from.

Shopping.com:

Shopping.com, an eBay company, pioneered online comparison shopping and today is one of the fastest growing shopping destinations on the Internet. With millions of products, thousands of merchants, and millions of reviews from the Epinions community, Shopping.com empowers consumers to make informed choices and, as a result, drives much higher conversion to sale and value for merchants.

Shopzilla:

The name says it all, Shopzilla is one of the largest shopping comparison sites that has a great brand name and is well funded. With more than 25 million products from over 45,000 storefronts. From air conditioners to zodiac charms, whatever you’re shopping for, they’ve got you covered. Whether you’re searching for something specific or just browsing, with Shopzilla you’ll get lightning fast, accurate results that you can refine and sort any way you like. And finally, Shopzilla gives you product pictures, detailed descriptions and consumer reviews. You can even add all of the items you’re shopping for to your Shopzilla List and compare their features side by side.

Smarter.com:

Smarter.com is a leading online comparison shopping service. Their goal is to help consumers make smarter buying decisions by enabling them to research and compare products, as well as to compare prices on millions of products available at thousands of reputable online stores. They gather product and merchant data from across the Internet, organize and structure it into a comprehensive catalog which they publish on Smarter.com.

Underbid:

UnderBid has broken new ground by establishing a truly cost-effective Pay-Per-Sale marketing channel. Underbid is building a business based on professional and reputable merchants and genuinely partners with each merchant. There are NO listing fees, NO pay-per-click fees, NO cost per-impressions fees, NO pay-per-lead fees, NO monthly subscriptions fees, NO upfront setup costs, and NO hidden marketing costs. Underbid is at the other end of the spectrum from other marketing driven business models and delivers a NO RISK solution, eliminating click fraud to the merchant because only when a visitor completes their purchases is Underbid paid a small commission.

Yahoo Shopping:

One of the premier, branded and original shopping destination sites where shoppers come for the best prices, product information, and helpful tips on how to shop for the right product. Any shopper can easily compare product prices and features across thousands of merchants and millions of product offerings.

In my humble opinion if you have a web site and you sell products, shopping sites are a must. This should also be included in any SEO campaign. After all a well rounded marketing campaign should be about increasing the company’s bottom line.

Business promotion through the Internet has become one of the easiest ways to get your business noticed. In improving a business through a website, ecommerce website design and development plays a vital role. A well-designed, optimized web site stays visible on the Internet, attracting more and more targeted customers.

Websites in Accordance with Marketing Needs

When you plan to get a business website designed, rely on companies which guarantee professional services. Such service providers will develop web sites matching your specific marketing requirements making your business accessible to global clients. Top ranks in the result pages of leading search engines bring more customers. To make your site search engine friendly, website developers integrate innovative technology such as HTML, Flash, ASP.Net, Front Page, and Java Script into it.

Ecommerce Website Design

Ecommerce website design can be done within your budget limit. Catchy images, animation and graphics always add to the effectiveness of designing. Nowadays, these services are available for all kinds of businesses. The main advantage of having such services is that your business objectives will be successfully met within a short period of time. Website developers can work wonders for your business taking it to new heights.

Web Development Companies

The service providers or the SEO companies undertake projects on contract basis. They offer overall development of new websites or maintenance of already existing ones. Web development is mainly a collaboration of various departments. These include designing, content development, web server configuration, server-side scripting and more. Bigger business organizations usually employ experts specialized in each field. These days, web design services include graphic designing, copywriting, IT development and more. A complete co-ordination of experts in all these areas is needed for a better outcome of their efforts.

For companies that wish to enter the e-business arena and generate business, Ecommerce website design and development is a complete solution.

Ecommerce can change the economies of the developing nations. It can integrate them to the global market which in turn improves and strengthens the economic well-being of these nations. However, the practice of Ecommerce in these nations is in its early stages and there are also major challenges that can hold back its growth. I categorize them in two major parts as follows;

Cultural issues

1. Lack of online culture

Electronic way of doing business is a new concept for the societies of the developing nations. People usually buy and sell on face-to-face basis. They see and touch (physically) what they want, negotiate on best deals, and buy. This is the type of business activity they are familiar with, which is entirely different from online way of doing it. The idea of buying goods and services that cannot be seen and touched physically is not the type of risk they can afford. They are not confident also whether online merchants are trust worthy enough to deliver products and services as promised.

Merchants as well are afraid to sell their products over the Internet. Considering the lack of online buying habits of the society, and because of the reason that electronic way of doing business is not well-known, they think it is a high business risk to take. They usually are not willing to invest on online ventures. Thus, this extremely damages the growth of Ecommerce in these nations.

2. Lack of Trust

Basically, trust is a major issue in online business environment. As I mentioned earlier, people in the developing nations are not confident with online way of doing business, by which one of the major reasons is trust. Because Ecommerce is not a practice in these countries, and business is usually done on face-to-face bases, people usually raise trust issues. They are obliged to think how could they trust people they do not see and may be found thousands of kilometers away? Besides, because there are no Ecommerce policies and laws in most of developing countries, they are afraid where to go in case of disputes.

Infrastructural issues

1. Limited access of Telecommunication infrastructure and high cost of Internet

Ecommerce requires technological foundations. One of the major ones is access to the Internet. To run an online business one needs an Internet connection with stable and high connection speed. However, mostly the Internet connection type in the developing nations is a dial up connection, which is very limited and slow. Besides, the cost of possessing it is high. This is another challenge Ecommerce faces in the developing nations.

2. Limited access to Personal Computers

Another major technological facility Ecommerce needs is Personal computers. Possessing computers is expensive in the developing nations because they usually are imported products from the developed nations; which is another major challenge for the growth of Ecommerce in these countries.

3. Lack of Electronic payment facilities for enabling transfer of funds

Banking is another major facility needed to do Ecommerce. And in most cases, the developing nations lack this major facility. Online merchants in these countries are obliged to use banking facilities offshore if they are going to do business over the net.

4. Imperfect legal system and policy barriers

To do Ecommerce, perfect legal system and policy is required. Without them it is impossible to do business online. However, these nations usually lack these major systems which in turn could make doing Ecommerce difficult.

However, even though doing business online in the developing nations is difficult, it is not impossible at all. It can be done given the circumstances. It could take more effort to be successful though. In addition, the industry needs time to utilize its potentials.

Thus, realizing the potential of Ecommerce in the developing nations, there are concerned bodies by which their co-operation can make a big difference. They are government, professionals, online merchants, banks and customers. If they can work together and collaborate, they can fully avoid all the above mentioned obstacles and can benefit their nations from the outputs of Ecommerce.

Introduction

If you are even slightly familiar with ClickBank, you are probably aware of the concept of Thank You pages. Basically, these are the web page(s) shown to customers after they purchase a product. Typically a Thank You page therefore contain instructions about how to download the product in question.

Most people tend to think of Thank You pages as simply being the necessary delivery system for online products. However, in this article, I hope to show you how a cleverly designed thank you page can help you increase your profits.

1. Cut Down on Piracy

It might sound obvious, but one of the best ways to increase sales is to make sure (or at least reduce the chances) of people downloading it for free.

There are people who claim that pirates would never buy anyway, and therefore fighting piracy is a waste of time and energy. I beg to differ. My own view, backed up by lots of experience of releasing products with different levels of protection, is anti-piracy efforts can make a big difference to sales.

Here is why: while it is certainly true that there are some hardcore pirates who would never buy, there are also lots of people who will pirate if given the opportunity (or temptation), especially if they feel it is something that lots of other people are doing too.

Probably the most common way that ClickBank products are pirated is through Thank You page theft. Basically what happens is one person gets hold of your Thank You page’s URL and then shares it with one, two, or several thousand of his “friends” who can then download your product for free!

Even more annoyingly, it’s possible for your Thank You page to get indexed into search engines. If this happens, people will be able to arrive at your Thank You page and access your downloadable products without even seeing your sales letter or the rest of your website. They may not even realise that they were supposed to pay!

While ClickBank does recommend using metatags to stop search engines, not all search engines obey them. Moreover, metatags won’t protect you from somebody posting a link to your Thank You page on a piracy forum – and the pages of the piracy forum will probably be indexed into search engines, and thus easily discoverable by anyone in the world.

Fortunately, there are scripts that you can use to protect your Thank You pages. Generally these are PHP or CGI scripts that you install on your own website. Of course, if you are not a technical wizard, you will want to choose a script that is easy to use and install. Additionally, what you should be look for is a script that provides each customer has their own individual page which is only accessible for a short time and by a limited number of IP addresses (IP addresses identify computers on the internet).

You should also be cautious of some of the scripts out there that don’t provide proper security. Some scripts will protect your Thank You page from unauthorised access, but will still leave your downloadable files exposed. In such cases, pirates can simply bypass the Thank You page and share the URL of the ZIP, PDF, or EXE file containing your product. So you want to look for a script that protects both your Thank You pages, and the files linked from it.

Finally, when choosing a security script, make sure you pick one that lets you customise your Thank You pages to contain whatever content and design you like (some scripts will force you to use their design). The best security scripts can even display personalised content (such as the customer’s name or receipt number) in the Thank You page, and you’ll want that to – I’ll explain in a moment why this is important.

2. Use Your Thank You Page To Reduce Refunds

Every time a customer is refunded, it’s money taken out of your pocket that you thought you had already earned. Every time a sale is charged back, you actually end up in a worse position than if you have never made the sale in the first place.

Minimising the number of refunds and charge-backs can help increase your profits, boost your affiliates’ confidence, and maintain a good working relationship with ClickBank.

Did you know your Thank You page can make a significant difference?

My own experience is that two common but easy to address causes of refunds are, firstly customers forgetting what they purchased and from whom, and secondly customers not knowing who to contact in case of concerns or problems with their purchase.

Here’s how I would address these issues:

(a) Add text to the Thank You page suggesting customers print a copy of the page for their records.

(b) Add text to the Thank You page reminding customers of what they purchased personalised with their ClickBank receipt number, and if you like, the customer’s name and date of purchase.

(c) Tell the customer that they can contact you if they have any questions or problems, and make sure the Thank You page contains your contact details – at least including your email address.

3. Email Every Customer After Their Purchase

As with the contents of your Thank You page, a one-time email to each customer after they buy your product can make a real difference to your refund and charge-back rates. In addition however, you can also use these type of emails to get valuable feedback from your customers, to help get testimonials from your customers, and to sell additional products to your customers.

Here’s what to include in your emails:

(a) Thank the Customer: This is just basic politeness, but it also serves a useful purpose in helping build a positive foundation for the rest of your email.

(b) Remind the Customer of What They Purchased: As we have already discussed, one of the main causes of refunds and charge-backs is simply customers forgetting what they purchased, so this can help cut back on them. For best results you should even include the customer’s receipt number and other details as part of your email.

(c) Remind the Customer That You Are a Real Person and Give Them Your Contact Details: This again helps cut back on refunds and charge-backs. You will also find that customers are far more forgiving of any hiccups or minor problems if you tell them from the start that you are willing to work with them to ensure that they are satisfied with their purchase,

(d) Ask for Feedback, Comments, and Suggestions: This shows customers that you care about their opinions. Additionally, you will find that this is a great way to gather testimonials (if a customer sends you a complementary email, ask them if it is okay to publish on your website). Finally, you will get a lot of ideas for additional product features that you can add to enhance your offer, and for add-on products that you could sell.

(e) Recommend Related Products: If a customer has just bought from you, the last thing you want to do is to immediately hit them over the head with something else they need to buy, so a little bit of grace and finesse is definitely needed. However, do remember that a customer who has just bought from you, not only trusted you enough to give you money, but also likely has their credit card handy and is in a buying mood. So, a careful and genuine recommendation of an additional product that you sell, or an affiliate product can be very effective in this kind of email.

4. Add an Email Subscription Form

It’s good to send new customers a one-time thank you email as described above, but it’s bad karma to add them to an email list without their consent.

Instead, put your AWeber (or other) email sign-up form on your thank you page (make it open into a new window using TARGET=”_blank”), and it’s a great way to build a list of customers. Do be sure to give your customers a great reason to join your email list – for example to get a free bonus product, or to keep informed of news and updates.

5. Exit Link Profits

ClickBank recommends that you put an exit link on your Thank You page that the customer can click on to leave the page after completing the download process. Most ClickBank vendors simply link to a search engine, or the main page of their website, but there is nothing to stop you linking to a closely related but complementary product for the customer to buy.

Even if you don’t have a second product of your own, you can still make money with this technique: simply use an affiliate link to one of the other 10,000+ vendors listed with ClickBank. Remember, ClickBank vendors (like you) can be affiliates too!

Conclusion

A lot of people think selling ends the moment that the customer gives you money. My view is that is where selling can really start! You might be amazed at how much difference it can make to your business if you really work on boosting your Thank You Page profits.

The music business has grown so widely with the emergence of the Internet and its accessibility. Music appreciation and awareness has crossed the common boundaries of race and country and genre or religion.

We have accepted and appreciated all kinds of music from elsewhere in the world mainly through its availability in various sects of the media. This has in turn changed the way people and their perspectives about cultures to a more open and pragmatic means by which we must all celebrate.

But we ought to trace the beginnings of this worldwide music mania. How did it begin when in fact music for so long has been confined with such a small audience that its critique were mostly censored and banned when content was controversial or too big for the times. It is in these moments that we ought to celebrate the coming together of ecommerce and the industry that has made the Internet a general market and base to cultivate global talent and perspective. With the flourishing of exchangeable goods online, the music business has expanded its horizons to a more broad appreciative audience that has been educated to express and thrive with the help of ecommerce. This movement did not only stimulate profit sharing that has now grown into the big music industries of our time but it too has paved the way for more local artists to have a change to make it big in the music business.

The discovery of underground music masters have had the opportunity to put their records out there through the emergence of ecommerce and indie bands as well have had the fair share of opportunity to be published, heard, and bought online. The big wigs of the music retail such as iTunes, Amazon and the likes have enabled music sharing to be more accessible and affordable since songs could now be purchased individually as opposed to the old school buying of the whole album in order to hear that one song. This individual song retail packaging has proved to be more profitable to the artist and the record label than the more difficult selling of the whole album.

Another advantage is the immediacy of this music retail availability. Once a song is aired on the radio on premier it only takes a matter of minutes before that certain song could already be purchased online by millions of people around the world. Through ecommerce, we are able to sell music at a speedy rate now more than ever. This lucrative music industry has encouraged more and more artists to develop and create music that can now be shared among a global audience that could be educated and cultured into a positive arena for economic development and music appreciation.

Although the emergence of online music shopping has also mitigated the rise of unregulated illegal music downloads, the benefits outweigh the detriments for which the rise the music industry should be founded upon. Ecommerce has enhanced music sales in the past decade than it has ever peaked before.

A sale contract in a supplier’s order form involves a software program to be delivered or shipped in compact disc (CD-ROM) for a stated price, payable during the transaction, and with a perpetual subscription term to an end user.

Is the software program, arguably a licensing agreement, “goods” under the California Commercial Code? Is software sold or licensed? Section 2105(1) thereof defines “goods” as “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other then money in which the price is to be paid, investment securities (Division 8) and things in action.”

In SoftMan Products Company, LLC v. Adobe Systems Inc., 171 F. Supp. 2d 1075 (C.D. Cal.2001) the Central California District Court noted that “a number of courts have held that the sale of software is the sale of a good within the meaning of Uniform Commercial Code.”

License Not Sale Of Software:

In Adobe System Inc. v. Stargate Software Inc., 216 S. Supp, 2d 105 (N.D Cal, 2002), the Northern California (San Jose) declined to adopt the Softman analysis of the Central California (Los Angeles) District Court, and reached a different conclusion.

It concluded that “based on the clear and unambiguous language of the relevant contracts (Off or On Campus Educational Reseller Agreement [“OCRA”] and End User License Agreement [“EULA,”] coupled with the multiple restrictions on title placed on the seller (Stargate Software Inc.) in the above agreements, the transaction should be characterized as a license, rather than a sale.”

Indeed, the preamble of the “EULA” states that “Adobe grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following.” And paragraph 2 of the “EULA” states that “the software is owned by Adobe and its suppliers.”

The San Jose Court, in Stargate Software Inc. supra, adopted its own analysis in Adobe Systems, Inc. v. One Stop Micro, 84 F. Supp. 2d 1086, 1092 ( N.D. Cal 2000) to wit: ” due to the substantially similar nature and terms of the EULA in both cases,” which only granted the end user with “a license to use the software” and maintained “numerous restrictions on title with respect to the end user.”

A license is not a “good” that can be sold under the California Commercial Code.

Sale Not License Of Software:

In the Softman case, supra, the Central District of California Court in Los Angeles arrived at a different conclusion, although Adobe also argued therein that “the ‘EULA’ requires construction of the transaction as a license rather than a sale.”

The Los Angeles Court found that Softmanwas not bound by the “EULA” because there was no assent to its terms. The “EULA” agreement was not enclosed with the individual Adobe software disk, and consumers were asked to agree to its terms as part of the installation process. But Softman, a Los Angeles-based company that distributed computer software products primarily through its website, had not attempted to load the software that it sold.

Citing a number of courts, the Los Angeles Court referred to the characterization of Adobe’s “EULA” as “shrinkwrap” licenses that are invalid, unconscionable, and/or unacceptable contracts of adhesion that require express assent by the purchaser to be valid, under Uniform Commercial Code § 2-207.

But it declined to reach the question of the general validity of “shrinkwrap” licenses because Softman was not bound by the “EULA” since there was no assent to its terms.

It however concluded “that the circumstances surrounding the transaction strongly suggest that the transaction is in fact a sale rather than a license.” It further listed the “indicia” of a sale of goods rather a license, to wit: “The purchaser commonly obtains a single copy of the software, with documentation, for a single price, which the purchase pays at the time of the transaction, and which constitutes the entire payment for the ‘license,’ (and) the license runs for an indefinite term without provisions for a renewal.”

Restrictions On Title vs. Substance of Transaction:

SoftMan Products Company was a distributor of computer software products as well as Stargate Software Inc. Both were not end users governed by “EULA,” but rather resellers governed by “OCRA.”

One of the contentions of Adobe in Stargate, supra, was that it retained ownership of its software, the acompanying documentation, and all other related materials pursuant to the “OCRA.”

But Startgate argued that language in Adobe’s “OCRA” contained word such as “owned by reseller” and ” repurchase” by Adobe. Still, the San Jose Court in “Stargate, supra, concluded that “additional languages indicated that the ‘OCRA’ only confers a license.”

Thus, the San Jose Court in the Silicon Valley, in Stargate, supra, favored Adobe, a leading software development and publishing company, over Stargate, a discount software distributor, by focusing its analysis on restrictions on title that limit the reseller’s ability to distribute Adobe’s software.

On the other hand, the Los Angeles Court far from the Silicon Valley in “Softman supra, favored SoftMan, a Los Angeles-based computer software distribution company, over Adobe, by focusing its analysis on the substance of the transaction, the above-stated indicia of sale of goods.

Commentators like Prof. Raymond Nimmer, The Law of Computer Technology (1992), and David A. Rice, Licensing the Use of Computer Program Copies and the Copyright Act First Sale Doctrine, 30 Jurimetrics J. 157 (1990) have urged courts to look at the substance rather than the form of licensing agreements.

As Prof. Nimmer has written: “The pertinent issue is whether, as in a lease, the user may be required to return the copy to the vendor after the expiration of a particular period. If not, the transaction conveyed not only possession, but also transferred ownership of the copy.”

Conclusion:

A sale of goods or a license? The two conflicting analyses discussed above are irreconcilable, whether the buyer is a reseller or end user. For the buyers, software products are more advantageously characterized as “goods,” rater than as license.

Vice-versa for the software developer.

Territorial jurisdiction may to have influenced the above-stated courts in their analyses and decisions.

Although dropshipping is not a new business concept, it is a method of order fulfillment that your average retail customer is totally oblivious to. Many online sellers who only actively sell on auction sites such as eBay often stumble across the term ‘dropship’ and only then realise the merits and potential of reselling on this basis. For many, the realisation of the vast range of goods available to resell on a dropship basis is instrumental in their progression from selling unwanted household items and clothing to smartening up their image and advertising shiny new factory sealed branded goods, with many opening online retail stores instead, or as well as advertising in their usual way.

For many who progress along this route, the reselling activity with their dropship supplier will be a long lasting, fruitful and profitable one, without any major issues arising to sour their business relationship but for many others the whole experience of starting out using a dropship supplier will be an absolute nightmare one that could ruin their online business, their reputation and cost them a fortune financially.

The horror stories are plentiful, with so many companies now advertising top range branded goods at unbelievably low prices for dropshipping resellers, if you hook up with the wrong one, you may find that once they have taken your orders and your money they then fail to deliver the goods, or commonly what they do send is not a the real mccoy which means that you are left to appease your irate buyer, refunding their purchase money along with their postage costs. This then means you are the one who is out of pocket along with that dreaded tarnished reputation. Think about it, if you have made a handful of orders with your new supplier and each one is not fulfilled, in a short space of time you will need to refund your buyers and that could be a lot of cash.

There is a very simple checklist that anyone new to dropshipping should use to verify their suppliers. Its not bulletproof but by following a few simple steps, the risk of costly disasters can be reduced.

By following this simple checklist you are not guaranteed overnight riches and success when dropship selling as it just covers some of the fundamental basics for anyone starting out. The hope is, that it portrays the need for diligence when in business and will avert some from making costly mistakes by jumping in feet first with the first dropship company that they find.

Good Luck!

If you are not selling anywhere except on eBay, you are not taking advantage of the opportunities available to online entrepreneurs!

There are quite a few online auction sites, and almost all of them offer much cheaper fees, besides being far more seller friendly and easy to use for both sellers and buyers.

Best of all many of them are free.

Here is a summary of eBay alternative sites:

eBay:

• Final value fees range from 8.75% to two dollars and 19 cents plus 3.5% of any amount over 25 dollars.
• To put an item on eBay you will need to pay 15 cents for items priced 99 cents to just under 10 dollars and four dollars for items starting at five hundred dollars or more.
• For items worth more than one thousand dollars expect to pay thirty six dollars 31 cents plus 1.50% of any amount over one thousand dollars.

Free Sites:

• AdFlyer:
• Altec Trader:
• Blujay:
• Craigslist:
• Google Base:
• Hoobly:
• Xoobie:
  Sites with cheap listing fees:
  • Amazon: Listing fees of 10 US cents on all items. Once the sale goes through expect to pay Amazon between 5% and 25 dollars 63 cents plus 1.25%.
  • Audiogon: A four US dollar listing charge. Once you have sold piece of high definition audio equipment on Audiogon expect to pay them 1% of the final sale price for the honor of selling through their service.
  • Bonanzle: There are no initial payments to be made to Bonanzle. Final value fees start at 50 cents for items priced up to 10 dollars and go up to only 10 dollars on items 1000 dollars or more.
  • CQout: This alternative to eBay will not bill you for putting your listings on its pages. Final charges range from 5.5% to 1.5% depending on the value of the product.
  • eBid: You can put items onto the pages of this eBay alternative for free. Regardless of the price of the item at the end of the sale you will be paying a flat 3% commission.
  • HiBidder: This is another site that won’t charge you to list. You don’t need to give much in the way of commission with successful sales. The damage starts at 10 cents for listings valued up to 100 dollars and ending at only one dollar, fifty cents for items over 10,000 dollars.
  • iOffer: No listing fees. Once you have successfully sold an item on iOffer you will need to pay a charge between 50 cents and go up to 40 dollars depending on the value of the sale. You will also need to factor in a charge of 1.5% on items over 1500 dollars.
  • Liquidation: No listing fees. You will need to pay a commission of 5%.
  • Oltiby: It is free to list on this site. You will need to pay a charge of 2.75%-5.25% of the final sale price.
  • Overstock: It costs 10 cents an item to start a sale with site expenses going up to three dollars 15 cents for products 500 dollars and over. Once a sale is successfully finalized you will need to pay 75 cents plus 2% of the selling price.
  • SellMyStuff: It is free to put an item on here after you pay a 15 AUD surcharge for 30 days of subscription. You also won’t have to pay a commission during that time.
  • Specialist Auctions: Free to list a product. Final costs are a flat 3%.
  • TradeMe: It is free to place an item on this site. Final commission starts at 6.9% and go up to 71 dollars 10 cents plus 1.9% on items over 1500 dollars with a maximum final charge of 149 dollars.

Credit card processing through phone line terminals has been the norm since the late 1970’s. While useful in the past, this equipment is overpriced, slow, and drastically outdated. Even today, you’ll notice not much has changed. Sure the technology in the equipment has evolved and the terminal itself is less bulky and more streamlined, but the use of the telephone is still a mandatory fixture. How we do business has been drastically influenced by the Internet age.

Payjunction, Inc. has ushered in a new age of credit card processing. They created the Trinity System, which is a 2nd generation credit card processing technology. It will reduce costs, improve accounting and increase sales. The Trinity System will allow a business to do three things from one product and that’s process credit cards at your business, on your website, and on the go wirelessly. Only one merchant account is needed to use all three components. Normally to transact business in all three categories a company would need to acquire three different merchant accounts.

When it comes to credit card processing the Trinity System is ideal for the professional service industry for businesses such as: Attorney offices; Day Care Centers; Churches; Doctor offices: dentist, chiropractors, veterinarians; Home businesses; Small service businesses: electricians, plumbers, and landscapers; Taxi cabs, etc. just to name a few.

What definitely sets the Trinity System a part from old credit card processing terminals is that there’s no software to install and its user friendly. A business can get access to their system on the internet through a highly sophisticated secured website by using their login Id and password. This makes the Trinity System cost effective and scalable because the equipment you need to do business and process credit cards is a personal computer or laptop with internet access, a printer to print out receipts, and a landline telephone or cell phone for wireless transactions. A credit card terminal or pin pad isn’t needed.

The Trinity System allows a business to enter recurring transactions for memberships, subscriptions, or installments. It will also allow the processing of instant transactions, such as; issuing changes, refunds, authorizing a credit card or forcing a transaction; on any credit card in a businesses transaction history.

A business can take complete control of their transaction accounting and reporting systems. Real time online reports and summaries of any transaction, that has ever been processed, either at your business, through a website, or wirelessly is viewable with the Trinity System. Transaction data can be exported to Microsoft Excel, XML; to integrate reports with 3rd party software systems, or CSV; to import transaction reports into major accounting programs, such as Peachtree, Oracle, or QuickBooks.

No other credit card processing company offers a business the ability to keep record of all transactions – both old and new – in real time or download reports. Processors mail out credit card statements on a monthly basis. The Trinity System allows a business to access its statement any time.

PayJunction and the Trinity System have drastically changed the way businesses process credit cards. No longer will businesses have to acquire separate merchant accounts for credit card processing at your business, through your website, or wirelessly. It can all be done through one system. Those overpriced, slow and outdated terminals will soon be a thing of the past.