If the Dalai Lama was watching the Super Bowl, he probably wasn't laughing at Groupon's ad. The spot featured actor Timothy Hutton, speaking in an ultra-serious tone, and making light of the Chinese occupation of Tibet, a situation many find morally contemptuous. "The people of Tibet are in trouble," he said. "Their very culture is in jeopardy ... but they still whip up an amazing fish curry. And since 200 of us bought at Groupon.com, we're getting $30 of Tibetan food for just $15 at Himalayan Restaurant in Chicago."
Funny? Some people didn't think so. A few minutes after the ad aired, a backlash quickly ignited on Twitter. Watch the clip above and tell us what you think: Was the ad in poor taste?
[Updated at 8:55 a.m.: Groupon responds on its website and offers to match donations to the Tibet Fund: "The gist of the concept is this: When groups of people act together to do something, it’s usually to help a cause. With Groupon, people act together to help themselves by getting great deals. So what if we did a parody of a celebrity-narrated, PSA-style commercial that you think is about some noble cause (such as “Save the Whales”), but then it’s revealed to actually be a passionate call to action to help yourself (as in “Save the Money”)?
“Since we grew out of a collective action and philanthropy site (ThePoint.com) and ended up selling coupons, we loved the idea of poking fun at ourselves by talking about discounts as a noble cause. So we bought the spots, hired mockumentary expert Christopher Guest to direct them, enlisted some celebrity faux-philanthropists, and plopped down three Groupon ads before, during, and after the biggest American football game in the world.
“You can view the already-aired commercials, as well as new ones as we release them, at SaveTheMoney.org. And if you’ve saved enough money for yourself and feel like saving something else, you can donate to mission-driven organizations that are doing great work for the causes featured in our PSA parodies. If you guys pony up, Groupon will contribute matching donations of up to $100,000 for three featured charities -- Rainforest Action Network, buildOn, and the Tibet Fund -- and Groupon credit of up to $100,000 for contributions made to Greenpeace.”]
-- Melissa Maerz
(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)
A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors. How can I protect my company from being raided?
Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information. Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)
There are a variety of these available, but let’s look at the most common:
Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem. An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.
Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:
- Actual damages it suffers from the theft
- Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft
- Injunctions requiring the return of the stolen property
- Attorney’s fees
To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect. This can be anything from a company’s secret sauce to pricing, lists and business processes.
Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company. This can include everything from software programs to customer lists to website designs to pricing.
Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state. In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools. In other states, like California, they are generally prohibited.
California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply. For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.
For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.
Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.
Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.
Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade. The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.
Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.
Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.
Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.
Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)
OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
If the Dalai Lama was watching the Super Bowl, he probably wasn't laughing at Groupon's ad. The spot featured actor Timothy Hutton, speaking in an ultra-serious tone, and making light of the Chinese occupation of Tibet, a situation many find morally contemptuous. "The people of Tibet are in trouble," he said. "Their very culture is in jeopardy ... but they still whip up an amazing fish curry. And since 200 of us bought at Groupon.com, we're getting $30 of Tibetan food for just $15 at Himalayan Restaurant in Chicago."
Funny? Some people didn't think so. A few minutes after the ad aired, a backlash quickly ignited on Twitter. Watch the clip above and tell us what you think: Was the ad in poor taste?
[Updated at 8:55 a.m.: Groupon responds on its website and offers to match donations to the Tibet Fund: "The gist of the concept is this: When groups of people act together to do something, it’s usually to help a cause. With Groupon, people act together to help themselves by getting great deals. So what if we did a parody of a celebrity-narrated, PSA-style commercial that you think is about some noble cause (such as “Save the Whales”), but then it’s revealed to actually be a passionate call to action to help yourself (as in “Save the Money”)?
“Since we grew out of a collective action and philanthropy site (ThePoint.com) and ended up selling coupons, we loved the idea of poking fun at ourselves by talking about discounts as a noble cause. So we bought the spots, hired mockumentary expert Christopher Guest to direct them, enlisted some celebrity faux-philanthropists, and plopped down three Groupon ads before, during, and after the biggest American football game in the world.
“You can view the already-aired commercials, as well as new ones as we release them, at SaveTheMoney.org. And if you’ve saved enough money for yourself and feel like saving something else, you can donate to mission-driven organizations that are doing great work for the causes featured in our PSA parodies. If you guys pony up, Groupon will contribute matching donations of up to $100,000 for three featured charities -- Rainforest Action Network, buildOn, and the Tibet Fund -- and Groupon credit of up to $100,000 for contributions made to Greenpeace.”]
-- Melissa Maerz
(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)
A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors. How can I protect my company from being raided?
Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information. Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)
There are a variety of these available, but let’s look at the most common:
Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem. An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.
Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:
- Actual damages it suffers from the theft
- Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft
- Injunctions requiring the return of the stolen property
- Attorney’s fees
To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect. This can be anything from a company’s secret sauce to pricing, lists and business processes.
Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company. This can include everything from software programs to customer lists to website designs to pricing.
Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state. In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools. In other states, like California, they are generally prohibited.
California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply. For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.
For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.
Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.
Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.
Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade. The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.
Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.
Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.
Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.
Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)
OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
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[reefeed]
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OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
If the Dalai Lama was watching the Super Bowl, he probably wasn't laughing at Groupon's ad. The spot featured actor Timothy Hutton, speaking in an ultra-serious tone, and making light of the Chinese occupation of Tibet, a situation many find morally contemptuous. "The people of Tibet are in trouble," he said. "Their very culture is in jeopardy ... but they still whip up an amazing fish curry. And since 200 of us bought at Groupon.com, we're getting $30 of Tibetan food for just $15 at Himalayan Restaurant in Chicago."
Funny? Some people didn't think so. A few minutes after the ad aired, a backlash quickly ignited on Twitter. Watch the clip above and tell us what you think: Was the ad in poor taste?
[Updated at 8:55 a.m.: Groupon responds on its website and offers to match donations to the Tibet Fund: "The gist of the concept is this: When groups of people act together to do something, it’s usually to help a cause. With Groupon, people act together to help themselves by getting great deals. So what if we did a parody of a celebrity-narrated, PSA-style commercial that you think is about some noble cause (such as “Save the Whales”), but then it’s revealed to actually be a passionate call to action to help yourself (as in “Save the Money”)?
“Since we grew out of a collective action and philanthropy site (ThePoint.com) and ended up selling coupons, we loved the idea of poking fun at ourselves by talking about discounts as a noble cause. So we bought the spots, hired mockumentary expert Christopher Guest to direct them, enlisted some celebrity faux-philanthropists, and plopped down three Groupon ads before, during, and after the biggest American football game in the world.
“You can view the already-aired commercials, as well as new ones as we release them, at SaveTheMoney.org. And if you’ve saved enough money for yourself and feel like saving something else, you can donate to mission-driven organizations that are doing great work for the causes featured in our PSA parodies. If you guys pony up, Groupon will contribute matching donations of up to $100,000 for three featured charities -- Rainforest Action Network, buildOn, and the Tibet Fund -- and Groupon credit of up to $100,000 for contributions made to Greenpeace.”]
-- Melissa Maerz
(Editor’s note: Curtis Smolar is a partner at Ropers Majeski Kohn & Bentley. He submitted this column to VentureBeat.)
A reader asks: My business is in an industry where sales people and software engineers are often recruited by competitors. How can I protect my company from being raided?
Answer: Employers use what are called restrictive covenants to protect trade secrets and prevent employees from unfairly stealing clients and/or information. Courts heavily scrutinize these covenants so it is imperative to have a seasoned attorney assist you with writing one that will be enforceable under the laws of the state where your company is located. (Just missing a few words can create tremendous grief for an employer.)
There are a variety of these available, but let’s look at the most common:
Non-disclosure agreeements: Non-disclosure agreements (“NDAs”) are one of the most effective and commonly used solutions to this problem. An NDA protects information that is a trade secret – data that has economic value (actual or potential) due to its exclusivity and is something you’re making efforts to keep secret.
Taking trade secrets without the owner’s consent is called misappropriation and if an employee misappropriates a trade secret, a company has the right to recover:
- Actual damages it suffers from the theft
- Repayment of the money made by the employee (or his new employer) as a result of the trade secret theft
- Injunctions requiring the return of the stolen property
- Attorney’s fees
To ensure the full protection of an NDA, you’ll need to require the employee to sign a confidentiality agreement when they come on board that defines the scope of information your company is trying to protect. This can be anything from a company’s secret sauce to pricing, lists and business processes.
Additionally, the NDA should contain a proprietary inventions assignment agreement (PIAA), which ensures that all work products created by the employee belong to the company and not to the employee – and the employee has no right to take them when he or she leaves the company. This can include everything from software programs to customer lists to website designs to pricing.
Covenants not to compete – Better known as non-compete agreements, the enforceability of these varies dramatically from state to state. In the states in which they are enforceable, like New York or Massachusetts, they can be very powerful tools. In other states, like California, they are generally prohibited.
California specifically has a statute stating that restrictive covenants not to compete are presumed invalid unless specific circumstances apply. For example, if the owner of a company sells their business, a non-compete may be enforceable against him or her in California.
For the states where these are enforceable, there are still some restrictions based on the duration of the agreement, geographical location and the breadth of activity prohibited.
Additionally, in many cases it doesn’t matter where the agreement was entered into or what the laws are there. If the employee moves to another state, either during or after employment, things can become muddled. So, it’s best to use non-competes with great caution. They may not be as effective as you initially think.
Non-solicitation – There are basically two kinds of non-solicitation agreements – non solicitation of employees and non-solicitation of clients.
Non-solicitation of employees is generally enforceable in most states, but a non-solicitation of clients may be considered an unfair restraint on trade. The exception in those situations is if the non-solicitation agreement is necessary to protect trade secrets.
Non-solicitation agreements are generally less onerous then covenants not to compete and typically more enforceable.
Startup owners: Got a legal question about your business? Submit it in the comments below or email Curtis directly. It could end up in an upcoming “Ask the Attorney” column.
Disclaimer: This “Ask the Attorney” post discusses general legal issues, but it does not constitute legal advice in any respect. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. VentureBeat, the author and the author’s firm expressly disclaim all liability in respect of any actions taken or not taken based on any contents of this post.
Next Story: Sony Ericsson’s Xperia Playstation Phone to launch on Feb. 13 Previous Story: How HP designed its new angled touchscreen desktops (video)
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OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
bench craft company
OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
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OFWs claim jail beatings - Arab <b>News</b>
Monterona told Arab News in an email that he has received several messages from jailed OFWs asking for assistance. One such message was from Farouq Hadji Malik Bayabao, who claimed that he and his fellow inmates had been heavily beaten ...
Jeff Fager, David Rhodes, Sean McManus Shuffled at CBS <b>News</b>: What <b>...</b>
In a surprise even to insiders, 60 Minutes executive producer Jeff Fager will lead the news division, along with Bloomberg's David Rhodes. Howard Kurtz on the back story—and what it spells for Katie Couric.
Arrowheadlines: Chiefs <b>News</b> 2/9 - Arrowhead Pride
Good morning Chiefs fans! A thank you to Joel and Chris for covering for me. Technology seems to hate me lately. Today's Kansas City Chiefs news covers a lot of topics: the national anthem, racial bias, Super Bowl odds, and pork. Enjoy.
bench craft company
If you are in need of extra income and you are reading this right now, then you may already have the tools you need to make extra money from home. This Associated Content guide will help you.
Nicole Gray asks Can You Make an Income from Your Home Computer ? In this article she explains how tot find a legitimate job from home while not falling for the scams on the internet. She also explains that you really have to apply yourself to make money from home with your computer. It is not going to be a piece of cake.
Deborah Scofield asks if a Work from Home Business is a Pipe Dream or Practical Business Plan. The article details the steps you must take to create an online business. She warns that it will not happen overnight, but it takes time and patience to do so.
Marc Melnick lists Legitimate Ways to Generate Money with Your Computer. In his article, he talks about call centers, marketing, and social networking as ways to generate money. You don't want to miss this article from someone who makes all of his living from his personal computer.
Amalynn discusses becoming a Home Travel Agent: A Little Known Work-at-Home Internet Business. If you love travel, you will definitely want to read this article.
Shannon Frye wrote Transcription Jobs from Home. This article helps you determine where and how to look for a transcription job. She explains how a typical transcription job works and also helps you to determine if a transcription job is in fact a job and not a scam to take the money of innocent people.
If you decide to do a telecommuting job, there are certain things you will need in advance, Renee H has written a Checklist for a Work at Home Telecommuting Job. This article tells you how to handle noise in the home from pets and children, and also explains what equipment and wiring you will need.
If you are reading this article right now, then you may also know that Associated Content where this article is hosted is a great place for a writer to make a living online. While it takes some time to build your portfolio and a bit of skill to get good offers for your work, Associated Content can be a full time job or at least part of a full time business. This article was written from my personal experiences at AC, a site I have been writing for for several years. This site supplies me with a good part time income and serves as a magnet for website owners who also ask me to write for them.
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