| SuperMemo site
franchising: Franchise agreement |
This is an archive file. This program has been terminated.
| This is an outline of
Franchise Agreement you will be signing in case you opt for reselling
SuperMemo from your own website. Some clauses are confidential and are not included in
this text. Additionally, all individual agreements may be extended by special clauses on
a case by case basis |
Variables:
- Your-Company
- Your-Name
- Your-Market and Your-Language - define the
language area you will be targeting
- Your-Period - defines the initial period for which
you will sign the agreement (from 6 months to 24 months)
- Your-Fee - defines your monthly franchisee fee that
will mostly depend on the size of your target market
Outline of Franchise Agreement on selling SuperMemo
products via electronic channel
This is a franchising contract between SuperMemo Research,
Poland, later called Franchisor, and Your-Company, represented by Your-Name,
later called Franchisee in reference to selling SuperMemo in Your-Market, later
called Market, in Your-Period, later called Period.
- Services. Franchisor will provide
Franchisee with a special version of SuperMemo, later called Product, adapted for Market
and extended by:
- Franchisee data in About Box (e.g. e-mail, name, address,
website, etc. transliterated to Latin alphabet with the predetermined
ASCII set)
- registration at Franchisee's e-mail address
- translation of registration instructions on registration
toolbar, in the registration dialog box (except for the user questionnaire) and in the
header of the registration file register.txt (transliterated to
Latin alphabet with the predetermined ASCII set)
Franchisor will provide reasonable support and training via
e-mail including FAQ support for problems that cannot be solved by Franchisee. In
justified cases, Franchisor will also provide support to customers of Franchisee in case
of problems that could not be solved by Franchisee in reasonable time
- Royalties and profit sharing.
Franchisee
will be granted the right to sell Product via his own website(s), called Franchisee
Website. Franchisee is free from paying royalties on sold Product. Franchisee will retain
all profits coming from selling Product
- Franchisee fee.
Franchisee monthly fee is Your-Fee or
10% of the sales revenue, whichever is higher.
The fee may be renegotiated after Period depending on the size of the target population
and the overall performance of SuperMemo franchises. A limit on the fee increase after
Period can be negotiated for periods up to three times the length of Period
- Territorial rights.
Franchisee Website must
target only Market in Your-Language. Franchisee Website may include
material in other languages, including material promoting SuperMemo, on condition that
this material does not provide an obvious path to making a sale of Product and clearly
indicate Franchisor or other Franchisees as owners to territorial rights related to the
language in question. In return for a higher franchisee fee, franchisee can be granted a
temporary or permanent territorial exclusivity option. In such a case no other franchisees
will operate in Market during Period
- Intellectual property rights. Franchisee
may freely identify with Franchisor activities, use trademarks, logos and copyrighted
material including but not limited to the entire non-copyrighted contents of SuperMemo
Website at www.supermemo.com. Franchisee may freely develop and
sell learning material for SuperMemo from Franchisee Website. Franchisee will also be able
to include material from SuperMemo Library on the basis of a separate agreement with
SuperMemo Library and within the scope defined by individual contracts with authors of
material available from SuperMemo Library
- Record keeping.
Franchisee is obliged to
keep the exact record of downloads and sales. These should be made available to Franchisor
on the monthly basis
- Quality control. Franchisee is obliged to
provide, upon request from Franchisor, an accurate translation to English of material
publicly available from Franchisee Website. Franchisee Website must display on its front
page or SuperMemo front page the following message in English: In case you have any
complaints about the service at <Franchisee>, please write to SuperMemo
World
- Affiliate marketing.
Franchisor is obliged
to explicitly encourage visitors from Market to order directly from Franchisee.
Franchisor will also consider linking to Franchisee Website from its front page at
www.supermemo.com depending on the quality of the material
presented at Franchisee Website
- Subfranchising.
Franchisee has a right to
subfranchise Product in Market on the basis of a separate contract. In such a case,
Franchisee is obliged to pay Franchisor 33% of subfranchising fees. All subfranchising
conditions will mirror this agreement, except for franchising fee that can be set freely
by Franchisor
- Duration and renewal.
This contract is
valid for Period. After Period, Franchisee will receive preemptive extension
rights contingent on scrupulous observance of the conditions of this
agreement
- Termination. Failing to meet any of the
aforesaid conditions on the part of Franchisee or justified user complaints about
Franchisee are the basis for immediate termination of this agreement. Franchisee may opt
to terminate this agreement with three-months notice. Termination does not free Franchisee
from paying franchisee fee in Period